Become a MacRumors Supporter for $50/year with no ads, ability to filter front page stories, and private forums.
Failure to remove a device from ones account once sold is by far the biggest missed step. So your assumption is not correct.

I stand by my statement. The seller failed to respond - which is a clue that there was something fishy. Funny how he just refused to respond after the buyer got the locked device.

The fact that eBay investigated and refunded the purchase price is further proof in my book.

At this point, it’s moot as the OP has his refund and the seller who "forgot" to remove his iCloud info has "his" device back.
 
I was told to send it back which is what I did.

Glad to hear this has been all cleared up for you. It really is a crap shoot these days whether you are going to get what you pay for. There are a lot of people who just do not know how to factory reset a device properly, plus the fact there are so many stolen devices out there as well.
 
Register on MacRumors! This sidebar will go away, and you'll see fewer ads.