I was watching this card also just to have as a spare. From looking at the listing again I wonder if he did infact know it wasn't working properly, or he couldn't get it to work properly, hence why he only has the early diagnostic screen-but then I often tend to think the worst of a lot of people. I hope he gives you a refund but I suspect that it will be a case of it was working when I sent it as shown in the pictures.
Did you pay with paypal and a credit card? If so, you will be covered by your credit card company even if paypal are their usual useless selfs.
Robert