Well, I know it maybe just me. My 2002 TL-S' emergency brake (you know the second foot brake) won't stay pressed. I have to try like many many times to get it click and stay pressed.
Of cours it works just fine some times. But I will say 85% it doesn't. My mother-in-law's Odyssey has the same kind of emergency brake and it never does that.

anyone with this problem?

 

My e-brake did that for about a week and then stopped, and it hasn't done it again since. I'm not sure what caused it - no sudden weather changes, driving style, etc. If your car is still under warranty, it may be easier to bring it in and let them fix/swap it for you.

 

My E-brake also does that once in a while. I dont know why but i had the dealer check it once and they found nothing wrong. Try pressing really hard and it should adjust itself. At least this works for me.

 

I had the same problem when my car was only 6 months old. The foot brake did not engage quite frequently. Most of the time when I stepped down onto the brake, it would click and stop there. But other times it would click but spring completely back up. It seemed like the latching mechanism did not want to latch. So I brought the car to the dealership, and they replaced the whole mechanism under warranty. I haven't had any problem after that.