I'm siding with the seller. If you see an item up for sale on ebay, you can't assume the seller is an expert on the item. Sure, in this case, the seller is now posting on a guitar board, so he obviously knows something about guitars. But, just looking at the ad, seller could just be selling random things from his attic. I ran into this with a Star Wars fanatic -- he made complaints I had never thought of, because to him, the item was a collectable, to me, it was clutter. Point is, I'm not a toy expert. People buy on ebay looking for bargains. There are plenty of ways to buy a guaranteed good neck, or a certain perfect toy, they just cost more.
And -- poor pictures and low feedback number = buyer beware.