As its a pre owned bike it would be sold with whatever tyres/handbooks it came to them with so I dont think theres an issue there.
You dont say whether they have serviced it or the previos owner serviced it/had it serviced. If they have been told its recently been serviced and have told you that then again I would say no issue.
However if they have claimed to have serviced it when obviously they havent then you do have a claim. Its all in the wording.

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I'm always in the sh1t, only the depth varies