You do not state where you are, this might help in this matter.
First of all the fungus you are looking at is caused by the last owner poring cleaning fluid (you should put the cleaner on a lint free cloth and then wipe the lens after carefully blowing of any dust or grit) on the open to air elements, this creeps around the element and collects on the reverse surface, soon small invisible mould starts to breed and the result is what you see, this did not occur in transit, your seller is pulling a fraud full stop.
The 35 f2 is a bit rare item so if you like the rest of the lens , Open a case in Ebay (is much better if you have paid by Paypal as they can charge back your payment up to 3 months after the transaction), In the U.K to clean out a simple m series lens with no electrics is straight forward and can be done for about 40 pounds, so negotiate a refund of about 45 pounds to cover your costs, or simple go for a total refund and get your money back, do not worry the seller stated no returns in the advert, Ebay will not let that stand for an item that is broken and not stated as such in the original advert.
As another option you could try a home fix as the front and rear element are easy to access on an M series lens.
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