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thats clever, Ive got to do that.If you buy it and then "discover" the games are pirated you might be able to get a refund and keep it. Fake items are not allowed to be sold and if they are then PayPal gives you a refund on the condition that you destroy it. This might apply to pirated material also.
*LetterbombHilarious. But this is nothing new, honestly. People used to sell softmodded OG Xboxes for way above MSRP back in the day, and PS3s, too. Wiis that were hacked were pretty dang expensive, too, which is even more ridiculous when you think, Letterhax was 100x faster and easier to install than even 3DS cfw.
You could also try calling up Nintendo and reporting them there. I did that to one seller that was listing one of two a day. A week later there were no more listing. I hope he got in trouble :-)new 2ds xls with CFW and pre-loaded pirated games seem to be all the rage on ebay these days. I'm reporting them as I see them, mainly because of the insane markup ($80-$100).
I'm sure they're selling lots of these: from a grandparent-buying-a-gift perspective, it's a good deal to get that many games "included" with the system.
You could also try calling up Nintendo and reporting them there. I did that to one seller that was listing one of two a day. A week later there were no more listing. I hope he got in trouble :-)