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No. No problem. Why would there be a problem?
No. There is absolutely no problem buying a game that doesn't have an ESRB rating. The ratings aren't mandatory.
Come to Australia and say that :P
If you want your game to be rated by the ESRB, you have to pay for them to review and rate it. You also need to provide gameplay clips and written overviews of the gampleay and any possible objectionable content within your game. The ESRB just glances over this and passes their judgement. They never, to my knowledge, actually play the games. (the process for the ESRB rating games is private and not disclosed, and the same goes for the MPAA) This is why things like Hot Coffee and other risque elements are constantly able to get past the ESRB. The same is true of the MPAA.
The compliance in using these rating boards is just as arbitrary as their ratings. However, the ESRB does carry meaningful weight with retailers. The MPAA has a deal with major theater chains that the theaters will enforce the MPAA guidelines. If a theater does not, then they face possible blacklisting by the major movie studios, which have staff that helms the MPAA. In a similar fashion, if a game is rated AO (Adults Only), then most major retailers (WalMart, Target, GameStop, etc.) will not stock the game or will require age indentification, even though it is not in any way legally enforceable.