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Is it possible to sell an upgrade?

Hopefully someone here can help me with a question that I have. I already tried google, but still couldn't find what I was looking for. I don't know if this is possible or not, but theirs an android phone that I want and I was just wondering if I had two regular dumbphones and upgrades were available for the both of them, could I use the upgrade on one of them to get a smartphone, then resell that smartphone while it's still brand new on craigslist, ebay, etc. and then take off the data plan that I would be required to get with the new phone and go back to using a previous dumbphone with just the voice plan that was on it before without being charged an early termination fee or anything else? Does att or wherever you bought your phone keep record of your imei number or anything or is everything that they need on the sim card? And does it matter if the upgrade came from bestbuy, amazonwireless, att, etc? I'm on AT&T if that matters any. Thank you for any answers you can provide.
 

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