You write:

If I { the buyer } receive the item and it is not as described ... and ... I have tried to remedy the situation { with the seller } with no luck I won't hesitate to NEG them.

And I agree with you that is the seller will not stand behind the purchase he DESERVES negative feedback. Thats just my point.

Lets say you send your money and the seller leaves you negative feedback for it getting to him 2 days late. But you get the item and its PERFECT. Are you going to still leave him a POSITIVE feedback.

Like I said before eBays system has flaws. It needs to be revamped.