[thecatspajamas]

That's true, but would still be termed a "Type 2" photo (which is a photo printed from the original negative but at a later date than the original photo was taken). Technically, if you had the same negative, you could still produce Type 2 photos from it now.

The only reason it would matter though is if you are trying to sell it, as the Type 1 photos will typically carry a premium over Type 2, even if the quality of the print is identical. If you're just enjoying it as part of your collection, which "Type" photo it is shouldn't matter as long as it's a nice image that is enjoyable to you.

In this case, since you're considering whether to return it or not, it would depend on how the seller described the photo. If he just said "vintage," it definitely is that. If he said "old news photo" it's that too. If he said "Type 1 Original" photo but doesn't know enough about it to back that up, you might have grounds for returning it. If you got the photo for a good price and you like it though, you'll have to weigh whether the possibility of it not having that "Type 1" status is worth giving up a crisp, quality vintage photograph. Whatever the case, if the seller is new and willing to learn, you might help him out with some of the terminology so that he doesn't make the same mistake again.