is it illeagal to sell in contract iphone

Discussion in 'iPhone' started by Sossity, Oct 25, 2015.

  1. Sossity macrumors 6502a

    Joined:
    May 12, 2010
    #1
    I have an att in contract iphone 6s on ebay, I have also ordered a swiftlock unlock code, am waiting on it, the one I bought said they does not process on weekends.

    I just realized, is it illeagal to sell an in contract iphone? I see there still is an option among the actions on my listing to end the listing, I could do this and wait to put itup on ebay again until I can get an unlock code for it.

    I tried to make a point of being very honest about the description, and have stated it in bold letters the deal with it.

    I have tried numerous times with att to ask for one and they refuse, so I bought a code from swiftlocks.

    I justgot in a mess with the phone and want to sell it, has become a headache.
     
  2. AndrewR23 macrumors 68040

    Joined:
    Jun 24, 2010
    #2
    5 years in prison. Might I suggest a lawyer?

    Lol no its not illegal. The only downside for the buyer is if you stop paying it, the phone could become unusable with AT&T.
     
  3. barkomatic macrumors 68040

    Joined:
    Aug 8, 2008
    Location:
    Manhattan
    #3
    It's not illegal but you have to state in the auction that its locked to AT&T -- while it still is. Swift Unlock is unreliable at best these days as they were busted recently.

    You could pay off the ETF and AT&T will unlock it. You could probably sell it at that point for close to what you paid.
     
  4. Sossity thread starter macrumors 6502a

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    May 12, 2010
    #4
    yeah, I cant pay it off because, I dont know the exact contract it was on, it was sold to me this way, thats a whole other story, but I have made it clear in the description.

    about swiftlocks, they were reccomended to me here on macrumors, are there any other unlock companies that might be better?
     
  5. eyoungren macrumors P6

    eyoungren

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    Aug 31, 2011
    Location:
    Phoenix • 85037
    #5
    Yeah, the only thing illegal in this is Swift Unlocks actions in recruiting AT&T employees to install malware on AT&T computers in order to allow the owner of Swift Unlocks to illegally gain access to submit unlocks.

    That's why they (Swift Unlocks) and three AT&T employees (now since fired) are being sued by AT&T. Not the mention the 50 other AT&T employees AT&T is aware of.

    And AT&T has recalled the unlocks submitted by Swift Unlocks. So. Take your chances there.

    As already stated, stop paying though and the IMEI gets blacklisted. Not a nice surprise for the buyer if that happens.
     
  6. dwfaust, Oct 25, 2015
    Last edited: Oct 25, 2015

    dwfaust macrumors 68040

    dwfaust

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    #6

    What are you selling? The phone or the phone and responsibility for the contract? AT&T has a contract with YOU. You cannot transfer that contract (or the obligation to fulfill the terms of the contract) to another person without AT&T's involvement and approval (transfer of responsibility).

    You can, however, sell the phone - but it does NOT relieve you of your responsibility with AT&T.
     
  7. HEK macrumors 68030

    HEK

    Joined:
    Sep 24, 2013
    #7
    Why anyone still buys used phones is beyond me. The risks these days are so huge. Between black listing, stolen phones, third and fourth party sales, phone still not paid for under contract that will stop working a few months down the road. Phones with repaired third party screens and batteries that Apple wil no longer touch. The chances of winding up with an expensive brick are way too high. Just to save a few bucks.

    If you can't afford the phone, save up and wait. If you need to save $100- $200 so bad, perhaps an expensive top line phone is not the best choice for you. Just saying out loud to no one in particular.
     
  8. eyoungren macrumors P6

    eyoungren

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    Aug 31, 2011
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    Phoenix • 85037
    #8
    I would tend to agree with you. We've always bought from our carrier and in 2012 from Apple.

    With the exception of this year we are usually on our phones for two to three years or more and buy brand new with our tax refund.

    That's just how we choose to do it. Quite frankly I'd rather have a new phone from either my carrier or Apple as well. Let them deal with any issues.
     
  9. dotnet macrumors 6502a

    dotnet

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    Apr 10, 2015
    Location:
    Sydney, Australia
    #9
    It's a good thing you posted this question here. You will get excellent legal advice from an Internet forum.
     
  10. Sossity thread starter macrumors 6502a

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    May 12, 2010
    #10
    that is water under the bridge, I know that now, I dont need a lecture, I need help, if you cant help, dont reply.
     
  11. Sossity thread starter macrumors 6502a

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    May 12, 2010
    #11
    hey I know I made a mistake, I dont need snarky comments, to all who cant provide contsructive help, dont reply to the thread, this already sucks enough, I dont need pepole getting on their soap boxes, liking the sound of their own voices.
     
  12. Abazigal macrumors 604

    Abazigal

    Joined:
    Jul 18, 2011
    Location:
    Singapore
    #12
    Won't you still be responsible for the monthly plans? I know it is done in some countries as a form of loansharking (someone is made to buy a phone or expensive item on instalment plan, then paid a fee for it). In the long run, you are still losing money, so even if it were not illegal, you are still getting the shorter end of the stick.

    Granted, this works in my country because the smartphones are not carrier-locked.
     
  13. Sossity thread starter macrumors 6502a

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    May 12, 2010
    #13
    to all in this thread, know I made a mistake, if you cant say anything constructive or civil, dont reply, this has already been a headache for me, I dont need I told you sos, I was honestly reaching out for help, totry and clean up this mess I am in, mods you can close this thread if it is not appropiate.
     
  14. AndrewR23 macrumors 68040

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    Jun 24, 2010
    #14
    If you sell a locked att in contract phone you are still responsible for payments.
     
  15. andyw715 macrumors 6502a

    Joined:
    Oct 25, 2013
    #15
    Do you have another line on the account that is off contract?

    You might be able to have ATT unlock it by using the other phone number and phones IMEI number. That worked for me and 6s plus on Next.
     
  16. Sossity thread starter macrumors 6502a

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    May 12, 2010
    #16
    unfortunately, I dont have any other att phones.
     
  17. S.T.A.R. macrumors regular

    S.T.A.R.

    Joined:
    Jul 1, 2012
    #17
    I would pull it off eBay until you are sure.
     
  18. AndrewR23 macrumors 68040

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    Jun 24, 2010
  19. ElBerryKM13 macrumors regular

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    Sep 22, 2012
    #19
    You are lucky att doesn't block devices if you stop payments. All they do is send you to collections for whatever amount you have left to pay. If this were tmobile then it would be different as it will get blocked with a "financed" tag if you check the imei with swappa/tmobile.
     
  20. npolly0212 macrumors 65816

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    Sep 21, 2015
    #20
    How did you buy this, brand new? Used? Through whom/what website or whatnot?
     
  21. rockitdog Suspended

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    Mar 25, 2013
    #21
    Illegal, no. Immoral... that's a different story. You are in a legally binding contract to pay off the device. I don't understand why you would sell something for less than you paid for it (and it's not even paid for yet). If you decide to really be shady and stop paying for the phone you can be sent to collections and your credit will take the hit. Bad decision.
     
  22. Sossity thread starter macrumors 6502a

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    May 12, 2010
    #22
    I bought his new from someone off ebay, it was listed unlocked and was in a new sealed box, per some suggestions from this forum, I opened and closed an ebay case and settled on a partial refund for paying for an unlock code, but it seems I may not be able to find one. I have tried to contact the original seller on ebay, but they are non responsive.
     
  23. npolly0212 macrumors 65816

    Joined:
    Sep 21, 2015
    #23
    So the full price was paid for it? Not doing monthly payments like on att next plan? Just wanting to make sure you don't owe 700$ on it and trying to sell it. Other than that I would just sell it as a phone hat is not unlocked and only usable on att if it is already paid off, and they will be able to use it.
     
  24. Sossity thread starter macrumors 6502a

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    May 12, 2010
    #24
    Thing is, I dont know for sure, so I just ended my ebay listing, I dont want to be liable like that, and am not immoral, I would not want to do that to someone, I do not know exactly how the original owner bought it, for all i know since it turned out to be locked, they may have bought it under contract, and not made any payments, and just sold it off.

    Interesting note, I just looked up the sellers feedback, since after I bought mine, they have received 2 neg feedbacks for lying about the cell phones, they have sold 2 more since mine that they were locked phones.

    they also had some positive reviews for sold iphones, so dont know what to do now.

    wish this feedback was there before I bought mine, it was not.
     
  25. joeblow7777 macrumors 68040

    Joined:
    Sep 7, 2010
    #25
    You own your phone. Period. Your contract is basically an agreement that says that the service provider sold it to you at a subsidized price under the condition that you stay under their plan for the specified period of time. Thus, you may sell the phone (which is fully your property) any time you wish and continue the service for the duration of the contract on a different device.
     

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