Advice needed, eBay

So let's say youre on eBay and you sell a item and you list it under photos and you also put in the description that its a photo but in the title of the item it's only the name of it the word photo is not included, would this be considered a scam? Is this a fraud/illegal?

Don't be one of those dicks who sells a picture of a Xbox One or whatever, Ebay will refund the buyer the money anyway.

lmaoooo
/toofunny