[mattwhite]

I know you are upset, but I'd take a deep breath and step back from the situation for a second. These forums are notorious for people screaming "you deserve a new car!" when something like this happens, but you need to be realistic. And I know how you feel, I just had my M-DCT transmission replaced.

I doubt you could get a new car out of this. There's a possibility, but you would need to hire a lawyer and start down the litigation path, which will cost you significant money. Plus after all of that, you might very well lose if push comes to shove. And the process could take months, if not years.

Second, I doubt this will affect your resale value, especially in the long-term. There were many E46 M3 engine swaps, and these cars haven't lost any value from what I've seen. Also, you car has a 4 year warranty, which should be plenty of time for any issues to pop up.

Just my 2 cents.