It is very difficult to prove intent on an eBay auction. The only real possibility is that the seller has been informed on a previous auction that the item is not what it is claimed to be. However, my position is that it is irresponsible to the point of fraud to claim something when you had no idea whether it is true or not. Otherwise anyone can claim anything and if shown to be false, they can just say that they "didn't know better" or "that was what they told when they got the item". If you are not reasonably sure of what you are claiming, you should not claim so. Otherwise I consider it to be fraud.