I got ripped on ebay. I got PGR and it is unplayable due to scuffing and scratching. The dude sold the game as new. Would MS replace the game?
Technically I know it should be my loss since it isn't MS fault so spare me any flames.
I'm just asking...
More than likely not. MS isn't in the habit of simply replacing a scratched disc. Some have been lucky enough to convince MS that the 360 'gouged' a scratch in a game, but I don't think it's guaranteed. I would report the individual to ebay and ask for your money back.