This was his response " I am tuning to b tuning and it is impossible to keep in tune. I have been playing different guitars for many years and know when a guitar does not stay in tune. I would not have sold a guitar in such condition. I have checked on the internet and this seems to be a common problem. I can accept the guitar requiring a setup intonation etc. but not holding tune. I think this issue should have been stated on the ebay ad. I would do if I was selling any guitar. I would appreciate my money back as I believe that this issue is a defect and should have stated in the ebay ad"

And I can honestly say I never had any issues with it... I hardly played the thing, in the 2mths I had it... and I also had to get the guitar shop to import it as fender had none in stock, I've probably played it once a week for about 5min. So yeah, this guy is just full of it, no refund, I don't know what he is doing to the guitar, or if has any idea about what he's doing, let alone what happened with the guitar when he was driving home with it. 

Ungrateful b*stard, I even gave him $20 for paying in cash rather than paypal!