I see ebay has the Takom M60A1 with REA for 49$ and 17$ shipping. Is this kit out yet or is this an unstated preorder?

I ordered it a couple days ago and it still hasn't shipped, so it must be a preorder. Hobbyeasy lists a 7/23 release date

Link? I cant find it on Ebay.Ca. Been waiting for it to release for a while and I'm just curious to see.

I just googled "Takom m60A1 with era" and eBay was one of them that popped up.

Fair enough, I found it not too long after I posted by searching Takom 2113 on Ebay... But I've seen that seller before, it's 100% an unstated preorder, I saw him selling Amusing Hobby Pz.38D w/Pz.IV turret for a month or two before it released.
Doesnt help that his prices are about 25-50% higher than after it releases, so, if you were considering it, IMO, I'd wait till it releases.

I could be wrong, but I thought it was a violation of ebay posting rules to post anything that one isn't already in possession of?

Not sure, but it wouldn't be the first time it happened to me.