You can try negotiating the return the keyboard back part. Normally I can get them to let me not deal with that especially when it's clear the guy was lying.
Right, I didn't think of that. Too late now. I already sent the keyboard back. So basically I paid $55 for one that is kind of new (caps look to be unused for the one I kept).
To be honest I don't think the seller lied. I think the seller got them the way they were. They never opened them up to check that they are really new. Hind sight, the tell tale sign on the picture is that the keyboards didn't come with their original box, so it isn't really new as the seller claimed. They are just some barely used, old keyboards (with some heavily used mixed) and repackaged nicely. Other NIB listings on ebay *ususally* have a picture of the original box as well.
Oh well, return shipping for a lesson learned.