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Have you had other cars where the e-brake can be overcome by the accellerator? I have. It seems common to me. Nothing to worry about. The e-brake is not powered. It's just a mechanical cable brake. It is intended to keep the car from moving in a parking state on a hill or whatever.
My wife might as well never use the e-brake (but she does) because she never pulls it up hard enough to really engage the brake. If the brake handle is coming up all the way, and the brake is still not engaging properly, the rear brake shoes may need replacing or adjusting (usually it's a simple adjustment). The dealer shouldn't mind adjusting the shoes, but if the brake is already engaging, don't expect any vast improvement.
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