"his position is still hearsay, and the three sellers can say “We told him it was nonpowered”, and end of story."
If the label on the box does in fact state in writing that the loco is TMCC-equipped, that should supersede anything that was said. If nothing was done to document that the item had been altered from its original state, I bet he would win--especially if the sellers are TCA members. The TCA now has Operational Standards as part of its grading system; and part of being a TCA member is agreeing to accurately represent what you are selling and to be fair and prompt in your dealings.
All of these aspects of the transaction notwithstanding, it would be nice if the sellers would simply do the right thing here and reverse the transaction if they are approached about this. It's always sad to see this, especially with someone new to the hobby.
