Misleading sales on EBay.?

Just saw a sale on ebay that is selling for pretty high, but only because of a play on words. In the description it states that it is a picture of said item. Yet the bid has made it to over 500$. Ethically this is horribly wrong, but would there be any legal ramifications for the seller if the buyer gets pissed they paid 500$ for a picture of an iPhone? Or is this just tough luck on buyer for not reading what they bought.