i cant open an iclude account. they wrote the maximum number of free accounts have been activated on this iphone.

Each device can only create a fixed number of iCloud accounts. Once that maximum has been reached, all you can do is either re-use one of the accounts previously created on the device, or create a new account to use on another iOS device or Mac (running OS X 10.7.2 or later), if you have one.

It isn't documented but I believe the maximum number is 3. Also, it's tied to the device not the Apple ID. You can't create another account on that device regardless of what ID you use.

As posted above, it will have to be created on another device if you have one. If you dont have one you'll have to find a friend that would be willing to let you create a new account on their device.

Yes but I'm away right now. I'll reply back when I return with the steps he should take to do this.

That I'm not sure of. I'm not sure if the places like Gazelle that buy used devices even ask. It should be less valuable since the next person that buys it is going to run into the same problem you're dealing with.

Tell your brother to do the following. He will need your Apple ID and password to create your account.

1. Open his "my photo stream" album on his phone and save any photos he wants to keep to his camera roll by tapping Edit, taping all the photos, taping Share, then tapping Save to Camera Roll.
2. When finished, go to Settings>iCloud, tap Delete Account, and choose Delete from My iPhone when prompted. This will only delete his account and the data he is syncing with iCloud from his phone, but not from iCloud. His data will be synced back to his phone when he signs back in at step 5.
3. In Settings>iCloud, sign back in with your Apple ID and password to create your new account. Do not turn on any iCloud data syncing (i.e., keep everything turned to Off in Settings>iCloud).
4. In Settings>iCloud, tap Delete Account. If prompted, choose Delete from My iPhone.
5. In Settings>iCloud, sign back in with his original iCloud ID and password and turn his iCloud data syncing back to On. This will sync his iCloud data back to his phone.

His phone should now be back to where he started, except that it's likely that not all his photo stream photos will be in his my photo stream album (which is why he saved them to his camera roll at the beginning).

You can now go to Settings>iCloud on your phone and sign in with your Apple ID to use the new account he created for you on his phone.

Sorry, I thought he had an existing iCloud account. If not, all he has to do is go to Settings>iCloud, sign in with your Apple ID, then without turning on any data syncing tap Delete Account to remove it from his phone (it will still be in iCloud for you to use). Then you can sign in on your phone and use the account.