Why dont you just file a dispute and state that "seller changed their mind." Its one of the options. He will have to accept it. Then you will get your $40 back.
Yes you loose the $5 listing fee. But shit happens I guess. It happens to me from time to time. People change their mind etc. I just file the dispute and then get my final fees back and you also then qualify for a free re listing.
Hope that helps. ebays not that bad.
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