maybe, you should contact ebay first, so you have a legal right to stand on, as he has done on many occasions in the past and you have written proof , ie members on here that will back you up, you have a legal right to proof of purchase, as you purchased it from him off ebay, as a they say on ebay once you have won the item when bidding on it, or you purchased from him buy it now, and pressed the confirm button the item is yours once payment has been made, he has made the item available for purchase, and it is a legal transaction.
This has been proven against sunshine collectables in the past.
He has no legal right to withdraw for sale once you have paid for it.
The transaction is therefore legal and finalized, it is up to him to make good on the delivery on such item produced for sale.
ie. ebays own terms for items for sale.