Well, if the seller relies exclusively on eBay for sales(as appears to be the case here) then the threat of having their account terminated over ToS violation w

Well, if the seller relies exclusively on eBay for sales(as appears to be the case here) then the threat of having their account terminated over ToS violation would be a huge deterrent against doing so. It still won't prevent you from being sued but it would definitely reduce the chances of it happening to near zero.