I took mine back three times because compared to my E46 I thought the brakes were way too soft. I also had this thing where if you held it hard on the footbrake that the pedal would slowly sink to the floor and if you kept it on, to the pedal stop. Dealer claimed it was all normal and within spec.

Last year I had to do the fluid change (icon came up on the cluster) and after it was done I no longer get the pedal sinking thing, but the brakes are still too soft for my liking, though I reckon I've adapted to it. I still worry that if I have to stamp the brakes to do an e-stop, it won't pull up as fast as I'd like.

As for the auto downshifting, it sometimes can be harsh, though I have found it better since the software update but it certainly isn't perfect. Again, miles away from what I had in my E46 (and supposedly the same gearbox), but I tend to find harsh up-shifts between 2 and 3 when accellerating hard - sometimes feels like you've been hit from behind it's that harsh. Again, dealer can find no issues...