I can confirm that the 328 uses the same transmission as the X3 and have had no problems when given that as a loaner.
The list is the standard responses I was given and debunked immediately. It seems to me they may be the in the BMWNA customer service manual.
I have yet to get an X3 08. I may do a little recon and take my wife's car to another dealer so I can test drive one and ask the saleperson their take on the tranny if it either does or does not behave the way ours do.
I was going to do some long term test driving of other awd's this weekend, but I still have the 528 loaner.
Will post more info as it comes in......btw Land Rovers are not an option as they are being Lemon Lawed left and right for the 06 and 07 models, and folks are getting full buy backs so there's hope to solve our dilemna as well.