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The buyer got scammed. It's an obvious scam because the seller is INTENTIONALLY misleading the buyer. It's like when new over-hyped consoles come out and people sell just the boxes and mislead people into thinking they're getting the actual console. Sure somewhere in the auction the truth is stated but it's still a scam because the entire purpose of the auction is to deceive a victim into thinking he's getting something that he's not.
Hopefully he gets his money back and ebay bans the scammer. You think you're clever because you spotted the scam and the buyer didn't?
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