In case the seller added the photo later there should be an edit history like this one from another auction:
http://cgi.ebay.com/ws/eBayISAPI.dll...p2047675.l2569
...but there is no history which means the photo was already uploaded when the auction was created. It sucks but there is nothing you can do about it. Only learn from it that some ebay sellers do not mention any damage in the description in hope you will not check the photos in detail. its very tricky so you should always check the photos in detail before bidding. sorry
edit: You are the dude who made the "how to fix loose discs for sealed ps4 games" video guide?