Can I use iPhone 4s that was terminated and did not have termination fee paid?

I am wondering about buying a iPhone 4s. It is not listed as lost or stolen, but the guy said that he terminated his contract early and never paid off the balance. Since I would be activating this phone to my account, would his balance carry over to me? Or is the phone not connected to the contract?
Thanks!!

My guess would be that eventhough the phone hasn't been reported as lost or stolen, it doesn't have a clean IMEI number. Like you said there is still an outsanding balance attached to the phone. As such Verizon won't let that phone be activated on thier network until the outstanding balance is paid. I don't think Verizon cares who pays the balance but as it's a smartphone the ETF could be as high as $350.

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