If you are already aware of this, excuse me. Even though they may be saying the lower is pre-ban, you cannot build a pre-ban type rifle on it. The only way you can build a pre-ban rifle is if you possessed the lower and all parts to build the rifle before the 94 CB went into affect. If the lower was built into a complete rifle before the ban, then stripped and sold, I am not 100% certain that rebuilding it into a pre-ban rifle is legal. My take is that since you are not buying the complete rifle, only the stripped lower, you cannot do a pre-ban build. If the lower is completely assembled in pre-ban form (tele-stock), and you can prove it has been that way since before the 94 CB, then it is OK to do a pre-ban build. I do know that if it was never assembled into a complete rifle before the ban went into affect, you will be in violation if you build a pre-ban rifle now, so there is absolutely no reason to pay the usual premium for a pre-ban lower.
Of course, the usual caveat applies. There is no special police force that is going to come around and check your rifle's serial number and check it out. The only way you could get into trouble is if the rifle is involved in a crime or stolen, and there is cause for the rifle to be investigated.