REgarding fees on Ebay, one could argue that they do not benefit the seller because they are sale expenses usually paid to a third party (supposedly).
Say my domain registration company sells a doman name on Ebay for $1.00 and I choose to pay my employee $15 to do the "busy" work of transfering the sold domain incl. all correspondence etc Thus it "costs" me $15 in fees to transfer the domain. If I decide to do the busy work myself and absorb the $15 it is like putting a $15 tag to my 1/2hr services. No problem there, I Think.
Of course one could argue: "Is [the above fee] customary?" I ll let you decide this as domain professionals.
If the guy can show that the $2500 legal fee is paid by him to a legal entity, produce receipts etc, then he should be okay. If he is a lawyer, could he "make" the fee himself? I know it gets iffy.
The problem with this auction is that the legal fee is blantant in relation to the auction price. Also, I think somewhere he states "make offer" (meaning via email). I think this is more of a breach since he is soliciting unofficial bids outside ebay- using Ebay's listing for advertising. Yeah he should be busted.