since my MBP is brand new im thinking of returning it to be repaired.
i bought it online, will i be able to take it to the apple store for them to fix?
Fix what? It's designed that way. I can't believe people don't get this.
1.) 15" and smaller displays use a friction hinge. Set it and wiggle all you want, it will stay put unless you get crazy.
2.) The 17" is too heavy for a friction hinge unless it was very very stiff. That would also make it difficult for users to adjust the angle. So Apple uses a counter balanced hinge. This allows the display to be adjusted with very little effort (go try a 15" you will see the 17" adjusts easier). The downside is the counterbalance is based on a level surface. Apple obviously expects most usage of a 17" to be on a desk. So if you tilt the back end up, the counterbalance isn't correct and the display closes.
There is likely individual variation from one hinge to another. But the basic design is not adjustable and will never ever be like the 15".
And FYI I've had numerous 17" and 15" PowerBook G4 and MacBook Pros. This is isn't something new, it's been in these basic case designs since the very beginning.