I checked his auction, the guy only said never removed from box but under the title put "Used" as the condition, so there's a red flag right there. If he put used I don't know how much you can claim on that, but he clearly omitted the part about him not being the original owner.
Here's what it said:
Dr Zoidburg action figure
Never been taken out of the box
Only selling to fund travelling
Sad to see zoidy go!
Any questions, please ask
As a rule myself, I don't buy from people who misspell character names like that. That would also lead me to believe they weren't as sure about things as I would like a seller to be of a figure of this nature.
A good question to ask on something with that kind of discrepancy would have been - "Your auction lists never taken out of box, why is the condition marked as "Used"?