Just a little update the guy on ebay has offered to replace the drive if I ship the defective one back.
I gonna do that but also purchase the caviar drive at best buy I just feel safer with a NEW drive plus if anything goes wrong best buy is right down the street, plus 500gb is more space than I should ever need. when I get the replacement drive from ebay I may just resell it on ebay to recoup my loss.
good lesson to learn
funny because in this rig I bout everything brand new, Mobo, ram, cpu, pcu etc. the only thing I bought used was the HDD .
the drive best buy has on sale is a bit more expensive on newegg. I do love new egg though I've bought a ton of stuff there.