AZ08, since the thread in which we were conversing was locked, I responded here.
Your comments were a positive for the 2008 ES since you don't have the flare.
I looked at car forums plus the Consumer Reports downgrade of ES / Camry V6 quality which backs up the existence of the flare (i.e., transmission slip) and other ES problems described on forums. Yes, the CR rating for the ES could change for the better in a couple of months - it could also stay the same or get even worse. Lexus / Toyota have had a history of transmission problems going back to at least 1999 with the Lexus RX300. I also think the Lexus / Toyota response to these transmission slips is, on the whole, pathetic.
I'm guessing the odds of getting a 2008 ES 350 that has: no slip (50%); minor slip which most owners wouldn't notice (49%); major slip (1% or less). I suspect any kind of slip could worsen and cause serious transmission damage - some ES owners have experienced a worsening slip. Although an owner may not notice a minor slip (200rpm), it could cause tranny damage. Some ES owners on forums are also experiencing engine hesitation and jerking /surges. That's very dangerous. Worse, Toyota refuses to recall the 6-speed transmissions - it probably won't recall the transmissions until you-know-what happens to some ES / Camry V6 / Avalon customers.
Yes, there's an ES slip TSIB but several previous TSIBs haven't fixed the slip. There's no evidence from Lexus, CR, forum ES owners, or other sources that the slip is fixed. Maybe a fix will occur tomorrow. But I'm not holding my breath. Lexus may never fix the slip. Maybe the 2012 ES 380 will have a better tranny but then again, maybe it doesn't. IMO, transmission slips, tranny damage, and engine hesitation / jerking / surges are too serious a problem to gamble on. If CR gave the ES a below-average rating for its front grille logo, I could deal with it, but not when we're talking powertrain, warranty or no. There are too many good alternatives in the marketplace that have fine powertrains. Why gamble on a Lexus?