Thanks everyone for the advise.
I have contacted the seller and he is willing to take the case back. No Hassle return policy. I am grateful he has this policy. The price of the case was between $130 and 150 off of eBay so it still wasn't a bad deal.
I guess on the hunt for a replacement case now. Patience.
The pictures on the auction really didn't show the damage... Now that I see in person I can make out the scars from Image 1