Well, once I got everything I did contact the seller. He was less than interested in offering a partial refund and insinuated that I switched out his games for damaged ones initially. After his accusations blew over instead of a partial refund he suggested that I take the scratched games out and have them resurfaced.  I let him know that my issue with that, was that if the games were damaged further then I would be responsible for the damage.  I tried to explian that the liability to repair them isn't on me and that even with repairs, the games were worth less being that you can tell when a disc has been resurfaced and not in original condition. Sooo, I told him if he wasn't interested in a partial refund that I would open a dispute. He ranted about how he was "done with eBay" then stopped responding to me.  Yeah, like it's my fault the games were in shit condition and he lied on the description.
I open a dispute on eBay and state my case, requesting a partial refund.  He waits the full time and never responds.  After the mandatory waiting period which he hasn't responded, I escalate the case for the resolution center to make a judgement on it.  I then receive an email stating that I had won my case and they were providing me a free shipping label to ship everything back.  I thought that was pretty weird as that isn't what I asked for.
I call the resolution people and they tell me that I can return the games and get a full refund.  I explain that these games aren't always that easy to come by and that I would rather have them in damaged condition than not have them at all. They explain that legally they have no authority to offer any type of a partial refund and can now only offer full refunds once you send the items back.  They suggested I either send the games back and get a full refund or to try to contact the seller again and see if he would give a partial knowing that the resolution center will give me a full refund if I mail them back as they have already emailed him telling him they will do so.
I send the guy a message on eBay asking for the partial with the threat of sending everything back (as if I had any intention of sending them back).  He never replies and here we are.
Anyway, I'm just letting this one go for now.  I got a good deal even though some stuff was beat to shit.