CAN I SUE AN EBAY SELLER FOR SELLING A FAKE GAME

I bought a ps2 game off Ebay.au it clearly stated it was a genuine and original and new. But when i recieved it the case was cracked and the ps2 said " pleaase insert a format disc" or something. My ps2 worked with other ps2 games so this was a fake . wat powers do i have against him? can i sue him if he doesnt resolve the problem?
      Answer1:Ebay and Pay Pal will settle this for you, just contact them.
      Answer2:If u payed thru paypal...u are covered for 90 days...just file an item not described claim thru them and put in this explanatiion.....they will contact seller and ask him to resolve issue...if he doesnt reply back in two days u esclate the issue to a claim ( u go back to the page where u wrote the explation, there will be a tab asking do u wanna esclate to ebay claim?) than the matter will be in the hands of Paypal...and usually they decide in the buyers favour..if the seller communicates with them and agrees to a refund..(if he doesnt paypal refunds u without asking u to send item back). u send the item back(make sure u take tracking for it...and once the seller tells them that he got it...(if he doesnt u contact them again in a few days and tell em i sent the item back and here is the tracking) and they will refund your money. It seems tedious....but not that much actually once u get the process started.

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