That may be the case legally speaking, but practically, how do you track these guys down for a refund?
It's ridiculously easy to create false accounts on eBay to sell stuff, and eBay is VERY reluctant to reveal its users details even when they are fraudulent. There really is little guarantee, and a LOT of scams going around.
I had one guy who copy-and-pasted an item I was selling and said it was his. Luckily someone notified me, and I was able to contact the winning bidder and let them know that it was a scam before he lost a LOT of money!