I would send it back to the 1st guy and say it isn't working and that he either should fix it or get your money back. I personally think the cheapest way to do this would be to send it to Nintendo, get a repaired patched unit back, sell the patched unit, and buy an unpatched unit unless you find someone reputable that will do it for like $50 or less, but you could end up paying someone else and loosing even more money if they aren't reputable. This is only if it's in warranty though, if you have to pay Nintendo then it wouldn't be a good idea to do this.
