Definitely sounds like the dealer is stalling. Did you pay cash for the vehicle, or is there a finance element? I ask, as if there is finance, they (finance co) are fully responsible for sorting this, as it is THEM that have bought the car from the dealer, and are selling it to you. If there is no finance, did you pay ANY of the cost with a CREDIT card? Again, if so then you can make a "section 75" claim with the credit card co, as they are responsible for the FULL purchase price, regardless of how much was paid on the card.
It sounds like the 2nd gear synchro is failing, you SHOULD be able to change gear without using the clutch if the synchro is fine (need to know what you are doing re throttle etc) but that is the ultimate test for the synchro hubs. My van is now approaching 210,000 miles on it's original clutch, and I can easily change from 1st to 6th and back again once moving, without using the clutch. Must admit I have detected a slight occasional slip in the top 3 gears as of late, no doubt brought about by towing the Z4 250 miles on a trailer last year, but it's not gotten to the point where it's urgent. A job for the warmer weather, as I can "drive around" it, by avoiding 2,500rpm in those gears (max turbo boost/torque)
Mike