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Help One big Evo Problem

I don't know if anyone ever had this problem. I am personal using Xperia, but my inlaw bought and Evo 4g from a 2nd hand. Clean ESN. However, when he try to activate it, the operator told him that the Evo is still under contract and tied to a different name. He then contacted the seller, the sell told him that wasn't his phone. The then try to activate again and somehow this thime the operator told him ESN on the Evo reported as stolen phone... Is there away around this?
 
None that I am aware of other than filing a claim with ebay/PayPal if it was purchased that way.
 
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