Apple device bought on eBay turns out iCloud locked

BadBehaviour

Last month I purchased an Apple device on eBay. The listing was for a faulty item. Fault was described as the device was giving an iTunes error. Nothing else was mentioned.
I messaged the seller and asked if this device was iCloud locked. I was told they bought it in the knowledge it was unlocked, so with this reassurance I went ahead and purchased it to try and fix it.

I didn't know you could check the activation status with the serial number; I was talking about it today with someone and turns out that after checking the serial number it is indeed locked. I feel like I've been misled as I wouldn't have bought it if he had even just said he wasn't sure about the activation lock.

I spoke to eBay and I was told to open a return item case and that I might need to prove the item is locked.
Just wondered what are my chances of getting my money back? I am worried that the fact it was listed as faulty might go against me, even if he made it sound like the fault was just the error when restoring. Also, I did ask about the iCloud lock and I was told it was unlocked when it isn't. Thanks

glentoran99

just file item not as described, send it back and get your money, don't worry about anything else

BadBehaviour

Thanks, I opened the return case for item not as described.