Well, did you get a fair market price on that guitar? Or did you get a hell of a deal? If it were me I would weigh out the price I paid versus what it is actually worth in said condition. Either way yes file a claim on that guy for false advertising, but if you are going to gig with it and put similar markings on it yourself over time, it may not be worth the hassle of a dispute, especially if you got a really good deal on it. Case in point, I got a pair of 1977 G12M Blackbacks, and were packaged poorly - just zip tied the two speakers together and tossed them in a non padded box - and the end result was the plastic covers were both cracked, and a small portion of one of the magnets was chipped off. They still functioned well and sound awesome, but I didn't fight it much because I got a killer deal on them and I was ok with their condition versus price I paid. Just my opinion, though.