Just as an update. The Brick did get back to me and they tested all they had and they all do the same thing. Funnily enough there is a power chair from same people that pairs with it and it works fine. The have been reassured that it is getting fixed and they are not going to be selling any of the current ones. You can still find it on the site, but all delivery even in store pickup isn't until mid Nov, which they are hoping to have the replacements by then.
The idea is that it has a memory in it and for that sofa it wants to default to sofa and not bed, so when it powers on to see if it is in the default state and if not then well it makes it so that it is.
And thankfully they haven't sold a ton (it is very new) so they are notifying all who purchased it to advise them of the issue and how the customer wants to proceed. For us since we know and are capable of dealing with it we will wait for the fixed one and they will swap it for us.
All in all, while they did take a bit longer to contact me than I had hoped, they have been busy and are taking it very seriously, so points for them.