I bought mine off of kijiji and it's a red 3DS XL with seral # SW100812053. Came with version 4.5, although i'm not sure if the original owner ever updated the system.
You should be okay. Last one I sold was 1228 on 4.4 - worst case is might be on 4.5
To be honest though, buy from a retailer you can return to, and make sure it's not an opened unit. You can get burned pretty easily on CL if he isn't willing to prove it's less than 4.5.
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