NOT CORRECT

I beg to differ. I've sat in both and pondered this decision for a while. Unless the 2nd row seats are different now than in 2008, the 2nd row seats with the 3rd row option seem much stiffer and perhaps are even lower to the ground. There is no way the seats are the same as the regular 2nd row seats without the 3rd row option. Just walk into a dealer and ask to see both either in the showroom or in stock.

One additional note - third row is only really good for kids upto about 10 or 11 years old. Even with them, you need to move the bak seat up to give 3rd row leg room. Also, with smaller kids in the third row,they tend to be below the seat line of the second row, so you have a hard time seeing what they are doing back there (and hearing them). Of course that can be considered a good thing :).

you're correct about the weight for the additional seats (300 lbs) and i agree with everybody about the 2nd row seats being a bit on the firm side, i only got the 3rd row becasue the sale rep threw it in for 300, (jason and steve internet sales @ long beach bmw). i put up the 3rd row for kicks but mostly remains folded down. i can live without this feature.

Mine has 3rd row. I sat in a 09 without 3rd row and I can feel right away that the one without 3rd row is much more comfortable becasue the bottom part of the seat is much softer than mine.

But for me the real rub is I need self leveling-not 3rd row seats. It's a shame the self leveling (which has its own order code) cannot be ordered as a separate option as opposed to being bundled with the 3rd row seat.

Agreed. I have no need for the 3rd row seat, but I need the 2nd row to fold flat. I'm likely going to hold off until I see if this is changed in the 2010s or 2011s (which I believe may come out mid next year).

^ self-leveling is the springs in the back wheels, not the 2nd row seats. ;) The 2nd row won't fold flat unless they make the seat-bottoms fold up & forward against the front seat-backs like my other SUV. That's not going to happen unless they get rid of the rear climate console thing in the way. ;)

Well, BMW could raise the base of the trunk up and then be able to have a flat 2nd row when folded down.

they fold completely flat if you put enough weight on it...
if not
about 170-175°...