Dilemma of Warped LPs - is seller liable?

I purchased a tull record for $65.00 from a large seller on ebay that was sealed. He even puts in his ads that because the record was sealed he gives no warranty and you can't return it. Ebay did not agree with the seller and forced him to refund my $65.00. Get your money back. I would also like to agree with some of the other posts. Many sellers give you the refund.

often with these old new stock sealed Lp's that have been sitting around for 2 decades sealed in plastic are almost always warped. Probably better to buy a used open copy in NM condition.

"I purchased a tull record for $65.00 from a large seller on ebay that was sealed. He even puts in his ads that because the record was sealed he gives no warranty and you can't return it."

Yes, I think I have dealt with that seller, too ... once. I won't buy from him again - no way, no how.

Thaluza:
Just because "I had to have it" I paid, with shipping, nearly $90 or so for an "excellent" copy of Tull's "Stand Up" 1st edition pink Island label UK pressing. Turned out it has audible surface noise, no matter how many times I wet vac it.
Debatable whether it sounds any better than my U.S. Reprise label early pressing.
All in all, buyer beware with ebay used records out of the UK.

I always ask the seller if the record is open if he has a turntable would he put it on and verify if it is warped or not. Yeah I know but today a turntable is not an item many people still have in this digital age(sad)and if he tells you it is not warped and it arrives warped then it could have been caused during shipping.You can't expect the seller to open a sealed copy ,it deminishes the value of the recording. If it is an album you covet and have been searching for a while( took me 20 years to find a sealed copy of Master Apprentice) then over night shipping is the only way.If you have a record delivered overnight or next day and it is warped then demand a refund. If you purchase a record at a music store ask them if they they have a turntable to check what you are buying is not warped. At least take it out after purchase and lay it on the inside sleeve on their counter to tell if it is warped beyond play. If it is warped beyond play ask for another one. Tell them they have an option to keep opening copies ( if it is a current release) until you find a no warped record or until you get a refund. Beware record stores CANNOT RETURN RECORDS TO MANUFACTURE they are stuck with what they buy. This protects BOTH parties because if the record leaves the store unwarped and lands on your turntable warped then you caused it by leaving it in the sun or whatever. As far as surfave noise some sellers offer to clean the record for a nominal fee and you can't expect them to play every record they sell. Let's get real these people find these records at swap meets,thrift stores,record stores,garage sales,estate sales etc. There trying to turn a profit that's why they are on Ebay.