Yup, she's bent all right. And too bad, because his pictures pretty much show that there if frame damage -
if you know what to look for.
He called the item "used", but it does not qualify with Ebay's definition of used which includes the items ability to function as intended, or something to that effect. Check it out. Also, in the pictures the big red flag waver, to me, is the front wheel and how off set it is between the fork blades. Not only is the frame set bent, but so too is the fork.
Unless you know what you are doing, you might want to go after the seller for a full refund, or you keep what you got with a partial refund. That failing, go through the Ebay dispute process. I think you have pretty good grounds to argue with here.
Sorry to hear about this sort of thing. Sometimes, sellers honestly don't realize they are selling a damaged bicycle. Your seller might be happy to have the problem brought to him so that he can sort it out with you. Does he have high positive feedback? That would be a good sign.