I carried one of those for years and "used" may be the correct term. I'd try to find out what department traded it in before I bought it. If it was from a large city, there's a good chance it has had many hundreds of rounds through it and may not have been terrible well taken care of. They are often considered just tools. If it's from a small department which might not have the budget for regular practice and/or qualification shooting, holster wear may be the only issue. The disclaimer that it might have light surface rust would concern me. Particularly buying it sight-unseen, which I would never do. But that's just me.
The rust statement had me concerned as well. It's the one hang-up I've got. I just wanted a revolver to take to the range and it seemed like a good price.
It does seem to have a decent amount of wear. I don't think it's a bad price for the gun, but seems a bit higher than it should be for the condition to me. I'm a bit pickier than most about cosmetic issues though.
I have purchased several guns from Bud's and have always been pleased, they were always as described. Being a K frame 38 I don't think you could ever shoot one of those out, it's not like a K frame 357. The only thing I never liked about the M&P was the sights. For a shooter or a truck gun it will probably be just fine. Looking on gunbroker the price looks real good for what you are getting...
It seems like a fair price but I would try to get a look at the piece. It seems to have a lot of wear and tear. You cant go wrong with a solid .38 though
Never bought from Bud's, but have heard good things about their accuracy in description. Price seems a smidge high, I've seem a couple of these at gunshows for I could've gotten for $20-$30 lower and little better condition, but if you're a "need it now" kinda person, the little extra might be worth your time.
Used to deal with Buds alot, till they thru me under the bus on a Colt AR. I'll never deal with them again unless it's a model specific gun, not a gun with several different models.