The angle of the pic may possibly make it look worse than it really is. Not a professional by any means. All and all I think it is a solid bike and I'm happy I picked it up. Like I've said before, mount the fender with the mounting bracket in front of the fork and it will likely be fine. Not trying to dissuade anyone from buying one.
Notwithstanding, I almost went over the bars today when I took a tight turn at a lower speed in stopped traffic. Something I have done on my crosscheck with 32s and a front fender multiple times without issue, and something I would rather not have happen ever again. The toe overlap is definitely there, whether the amateur pic I took makes it look worse than it really is or not. It's not like I set the fender up in a radical or strange way. Just something to look out for when someone is setting one up--especially if the person is going to run it fixed.