TEP for TP

[bahayman]

Hi,

I recently bought a New Touch Pro off eBay. Now I've been reading that many people are having problems with the phone. Most don't bother me much, but the problem that the phone will die while talking when its plugged into the AC adapter, is something that I cannot live with. So my question is, will Sprint replace my phone even though it was bought on eBay (either via TEP or in-store exchange) with one without that problem (assuming that HTC releases a newer build date)?

Thanks,
bahayman