Check his feedback individually and pay close attention to the amount of feedback the people leaving feedback for him have. If he's only selling to guys with low feedback it's a warning sign.
Also look at his previous sales, there may be something more obviously wrong that would tip you off to stay away. Conversely there might be something that convinces you he is legit.
Finally what's his return policy. While ebay will protect you from a counterfeit anyway, the shady sellers tend not to offer returns.
Nothing is 100%, but I tend to check every detail ebay allows me to access to help me decide.
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