If an auction listing has a picture, and the picture
isn't the actual item,
there should be an explicit statement of that fact.
No, there is no requirement for this, nor does there need to be. There
is plenty of legal precedence with Implied Warranties (in the US,
anyway).
As long as any variations are insignificant (the UCC calls it
"standard tolerances" or something), everything is legal and above the
table.
Think of the legal mess there would be if this was not the case.
--
Will