[sanvara]

If you check the seller's history and feedback you are usually fine. Even if they have never sold a phone before it's pretty much irrelevant if they have a long history of great feedback. They may have "upgraded" and then decided to the sell the phone. For example, I bought three TP2s for $200 each and sold two of them on ebay. I stated that the phones were purchase new directly from Sprint. No one ever asked me for ESNs and my buyers are happy.