Received 2 new iPhones at upgrade pricing--can I sell one?

Discussion in 'iPhone' started by Go FasTA, Jul 9, 2010.

  1. Go FasTA macrumors newbie

    Jul 9, 2010
    Here's my situation:

    --Pre-ordered new iPhone 4 32GB (at upgrade price $299) from on 6/17 and received ship by date of July 14th.
    --Friend orders from AT&T on 6/29 and receives his phone 2 days later on 7/1
    --On Friday, 7/2 I place an order with AT&T online at upgrade price ($299) thinking I will just wait for one order to ship and cancel the other at that time.
    --Saturday, 7/3 I receive a shipping notification from AT&T. Later that day I go to to cancel my order, but can't since the status has changed to "Prepared for shipment"
    --Receive phone from AT&T on Tuesday, 7/6
    --Receive phone from Apple today (7/9)
    --Both charges showed up on my credit card as $299+tax

    At this point, I have activated one of the phones replacing my old 3GS. My question is whether or not I can legally sell the other phone. Does anyone know? Is the phone or included SIM card connected to my AT&T account in any way? Is it subject to contract? If I sell, will the buyer be locked in to a 2 year agreement?

    Any help anyone can offer would be appreciated!
  2. tritonj macrumors 6502a

    Jun 12, 2008
    unless you end up with 2 lines you'll end up being charged full price for the 2nd one
  3. Soulcrux macrumors 6502


    Nov 8, 2008
    no, there's no way for the phone to be tied to the contract. what happens is that your account is shown as having bought a subsidized iphone, so ATT expects you to activate it. once you activate, theycheck off the fact that you already locked into a two year contract. There was no legitimate way for you to have isgned up for two unsubsidized iphones unless you had opened another line, it was just a fluke they didnt catch.

    if you sold this to someone, they could just activate it with their own account information, and ATT would assume that they just bought it unsubsidized, img uessing. so yes, you can sell it. Though, im hoping you dont overcharge TOO much, seeing as you got yours pretty cheap to begin with. Ethics and all.
  4. Go FasTA thread starter macrumors newbie

    Jul 9, 2010
    Are you saying they will realize the mistake and correct it by charging me the additional $300?
  5. Soulcrux macrumors 6502


    Nov 8, 2008
    I doubt this.
  6. Eddyisgreat macrumors 601

    Oct 24, 2007
    Yup. I'd call them now to make sure you can return it and they won't charge your card in the interim.
  7. Evo-L macrumors member

    Feb 28, 2008
    You will not be charged anymore than you have been already. The EXACT same scenario happened to a friend of mine with the 3GS. He got two of them, and sold the second to me, since mine was delayed.

    He was never charged anything more.

    Lucky you!
  8. Go FasTA thread starter macrumors newbie

    Jul 9, 2010
    Well, people seem to be willing to pay over $800 for them on eBay right now. I assume if I sold it for enough to cover the $599 I'd be ok.
  9. Go FasTA thread starter macrumors newbie

    Jul 9, 2010
    Oops, I meant $699. I guess if there's no potential impact to my account with AT&T and no implied contract for the potential buyer I'm just going to sell this one.

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