This was one of the cancelled Wave 6 toys from DOTM, as it came to a crashing halt at the end of 2011.

The glare on the official image had me thinking it was just a black top redeco, but now looking at it again with these toy pics, the redeco had a big shiny paint app on the top of the car mode.

The other three in the sixth wave were a white Ratchet, another Bumblebee (of course) and a white Que/Wheeljack. They were then going to be packaged as "Movie Trilogy", but even that failed to gain Retailer interest... so that was scrapped (we only ended up with the Optimus with Trailer as the only toy released under that label).

Note that the seller of this item is from China, and has a few other samples and unreleased toys (including the white Animated Soundwave)... so their means of acquiring could be shady.

It is worth noting that items in packaging should definitely be legit though, even if this ebayer was not supposed to end up with them, or selling them.

Such as, the Christmas Edition Buzz Lightyear - this one was cancelled as well, as it would have been the third version of the Disney Transformer, but it looks like some made it all the way to packaging sample stage.
This was one I searched for ages to finally figure out that it was cancelled, as I have all the other Disney TFs... and now I'll have the entire set of 11.