I have had an experience like that with a car I bought new from a local dealer. Promises were made that they would get it right, but never ever did. This was before lemon laws so I was stuck with the thing. If you can get your $ back, by all means let them have the thing back.You paid a lot of $ for a new mower and dont need the hassle. IMHO, get a Bad Boy or SCAG Freedom.
I really think everone is overly wary of the Briggs ELS. The new air filter fixes the problem and the motor is very smooth and powerful. Having come off of a less than satisfactory experience with a Kohler Command, I am very happy with the Briggs and feel that it will probably last as long as I care to keep the mower.
Live from Johnston County NC
In the beautiful NC wine country
Scag FreedomZ 48
Stihl small equipment
2003 Ford F 250 Diesel
2004 Honda Rubicon 500 4x4
1980 Murray 21" push w/original Tecumseh
much other assorted junk