BTW, I wouldn't trust zt9 (who I assume sold this coin) for assessing "E"-clash coins. His pictures are horrible, and the one time I won one, it clearly wasn't an E-clash in hand. That said, he does have a decent return policy.
Can't really blame people like that though as he obviously wasn't a VAMmer because it wasn't even a 36. Even VAMmers see phantom E's when nothing is there all the time so a non VAMmer thinking they see an E is quite common. Sometimes I even think I see an E on a coin and get excited only to remind myself to look for other clashing and duh, none is present anywhere lol
I understand that the ear gouge wasn't present (which the seller photos should have shown). Now, as for not blaming folks, I don't know where I sit on that one. I feel this way: I don't trust his opinion on clashes. As such, if I buy a coin from him, and it turns out not to be clashed, I don't file a SNAD either. Why? As you said, he can't tell. Now that said, I do blame sellers like that, as they're claiming something on the hopes that more people will bid on their listings. Imagine if the OP didn't post this thread: he would have been stuck with a coin that, not only wasn't a 36A, but also was likely cleaned.
Near as I can tell, pretty much all 36A's have the clashing at the top of the cap on the obverse, an uncommon spot for prominent clashing in the absence of other obverse clash markers. It'd have been clearly visible in any of these images (are these seller or buyer images?) even if the "E" weren't.
They were the buyers images. The images on the listing were shoddy at best. I purchased on the promise of the VAM.
A couple of things. Again, assuming the seller was zt9, this was the obverse image from the auction: Pretty obvious that it's not a 36a, as it's not a 36 of any type (no ear gouge and no clashes above phrygian cap. I have a feeling that the purchase was partially (mostly?) influenced by the non-PL appearance of mirrored fields: Here's an actual 36a, so people understand the ear gouge and clashes above the cap: