what site could I get free coded xhtml/css templates? would it be legal to write a script in the templates and resell the end product?
Yeah, try : templatebox.com (you can also google up a bunch) anything is better than what your designer gave you.
http://www.oswd.org http://www.openwebdesign.org http://www.opendesign.org http://www.free-css-templates.com http://www.solucija.com/home/css-templates/ http://www.minimalistic-design.net If you use templates with some script and you resell it then it would be good to leave backlink to the designer if template is released under Creative Commons License. If it is public domain then linkback is not needed...
Actually, I think this type of artworks should cost not more than $10. There nothing on it, it’s about 15 min of work. Sorry for you! Try to get your money back!