# \[Can I legally sell my house by\] Lottery?

**URL:** <https://boards.straightdope.com/t/can-i-legally-sell-my-house-by-lottery/410642>\
**Category:** Factual Questions\
**Created:** [July 5, 2007, 8:36pm UTC](https://boards.straightdope.com/t/can-i-legally-sell-my-house-by-lottery/410642 "2007-07-05T20:36:46Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![forrest](https://avatars.discourse-cdn.com/v4/letter/f/77aa72/32.png) [@forrest](https://boards.straightdope.com/u/forrest)\
**Post date:** [July 5, 2007, 8:36pm UTC](https://boards.straightdope.com/t/can-i-legally-sell-my-house-by-lottery/410642/1 "2007-07-05T20:36:46Z")

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Is it legal in any state to sell lottery tickets as a way to sell my home?

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**Author:** ![ivylass](https://avatars.discourse-cdn.com/v4/letter/i/9de053/32.png) [@ivylass](https://boards.straightdope.com/u/ivylass)\
**Post date:** [July 5, 2007, 8:43pm UTC](https://boards.straightdope.com/t/can-i-legally-sell-my-house-by-lottery/410642/2 "2007-07-05T20:43:05Z")

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IANAL.

Let me understand what you’re talking about…you want to offer up chances to win your home?

Are you planning to sell enough tickets to equal what you would get selling your house the normal way?

(BTW, I don’t think it’s legal.)

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**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\
**Post date:** [July 5, 2007, 8:43pm UTC](https://boards.straightdope.com/t/can-i-legally-sell-my-house-by-lottery/410642/3 "2007-07-05T20:43:51Z")

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I’m not sure what you mean. Are you offering a raffle, where the “lucky winner” gets the right to buy your home? Or are you selling your home for lottery tickets?

If the former, then you are welcome to let multiple people bid on your home before signing a contract (contracts for the sale of real property have to be in writing, so there is no enforceable agreement if you “promise” someone that they will get the chance to buy). I say this without knowing whether you could turn the bidding process into a game, complete with tickets and somebody to bark out winning numbers.

If the latter, then you are crazy.

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**Author:** ![Ludovic](https://avatars.discourse-cdn.com/v4/letter/l/7ab992/32.png) [@Ludovic](https://boards.straightdope.com/u/Ludovic)\
**Post date:** [July 5, 2007, 8:46pm UTC](https://boards.straightdope.com/t/can-i-legally-sell-my-house-by-lottery/410642/4 "2007-07-05T20:46:00Z")

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Heck, I remember a couple or so years ago there was a person/couple who tried to raffle off their home with the proceeds going to _charity_ and the authorities still shut it down.

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**Author:** ![hajario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hajario/32/171_2.png) [@hajario](https://boards.straightdope.com/u/hajario)\
**Post date:** [July 5, 2007, 8:50pm UTC](https://boards.straightdope.com/t/can-i-legally-sell-my-house-by-lottery/410642/5 "2007-07-05T20:50:08Z")

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These are different in different states and countries. Where do you live?

Home auctions for charity are not uncommon in California. There is one in my town every year.

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**Author:** ![Antinor01](https://avatars.discourse-cdn.com/v4/letter/a/ecae2f/32.png) [@Antinor01](https://boards.straightdope.com/u/Antinor01)\
**Post date:** [July 5, 2007, 8:51pm UTC](https://boards.straightdope.com/t/can-i-legally-sell-my-house-by-lottery/410642/6 "2007-07-05T20:51:02Z")

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I don’t know a lot of details, but I’ve seen a number of raffles for houses. They sell something 1000 tickets for $150 each (adjusted based on expected sale value of the home) and the winner gets the house. It seems though that most of them are non-profit orgs doing the raffle, so it may not be possible for a private individual.

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**Author:** ![forrest](https://avatars.discourse-cdn.com/v4/letter/f/77aa72/32.png) [@forrest](https://boards.straightdope.com/u/forrest)\
**Post date:** [July 5, 2007, 8:52pm UTC](https://boards.straightdope.com/t/can-i-legally-sell-my-house-by-lottery/410642/7 "2007-07-05T20:52:58Z")

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[QUOTE=ivylass]  
IANAL.

Let me understand what you’re talking about…you want to offer up chances to win your home?

Are you planning to sell enough tickets to equal what you would get selling your house the normal way?

(BTW, I don’t think it’s legal.)  
[/QUOTE]

Yes…sell enough tickets to equal the normal sales price.

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**Author:** ![ivylass](https://avatars.discourse-cdn.com/v4/letter/i/9de053/32.png) [@ivylass](https://boards.straightdope.com/u/ivylass)\
**Post date:** [July 5, 2007, 8:54pm UTC](https://boards.straightdope.com/t/can-i-legally-sell-my-house-by-lottery/410642/8 "2007-07-05T20:54:06Z")

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I seriously doubt that’s legal anywhere in the US. Again, IANAL.

Is this just spitballing, or do you have something against realtors?

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**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\
**Post date:** [July 5, 2007, 8:58pm UTC](https://boards.straightdope.com/t/can-i-legally-sell-my-house-by-lottery/410642/9 "2007-07-05T20:58:11Z")

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[From here](http://www.gambling-law-us.com/State-Laws/California/)

Finally, a contest in which participation is conditioned on payment of value and in which prizes are awarded primarily by chance is a lottery rather than a contest. Under California law, only the California State Lottery may operate a lottery. All other lotteries, except bingo games operated by charitable organizations, are prohibited by California’s Penal Code.  
This is from California, but that’s only becuase when I started typing it, that was the location of the last poster, and I got confused.

What state are you in? (I get the feeling it won’t make a difference, but let’s find out.)

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**Author:** ![forrest](https://avatars.discourse-cdn.com/v4/letter/f/77aa72/32.png) [@forrest](https://boards.straightdope.com/u/forrest)\
**Post date:** [July 5, 2007, 8:58pm UTC](https://boards.straightdope.com/t/can-i-legally-sell-my-house-by-lottery/410642/10 "2007-07-05T20:58:38Z")

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[QUOTE=Atomicktom]  
I’m not sure what you mean. Are you offering a raffle, where the “lucky winner” gets the right to buy your home? Or are you selling your home for lottery tickets?

If the former, then you are welcome to let multiple people bid on your home before signing a contract (contracts for the sale of real property have to be in writing, so there is no enforceable agreement if you “promise” someone that they will get the chance to buy). I say this without knowing whether you could turn the bidding process into a game, complete with tickets and somebody to bark out winning numbers.

If the latter, then you are crazy.  
[/QUOTE]

The winner gets picked out of a hat…or the like, and hey get the house

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**Author:** ![forrest](https://avatars.discourse-cdn.com/v4/letter/f/77aa72/32.png) [@forrest](https://boards.straightdope.com/u/forrest)\
**Post date:** [July 5, 2007, 9:00pm UTC](https://boards.straightdope.com/t/can-i-legally-sell-my-house-by-lottery/410642/11 "2007-07-05T21:00:39Z")

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[QUOTE=Joey P]  
[From here](http://www.gambling-law-us.com/State-Laws/California/)

Finally, a contest in which participation is conditioned on payment of value and in which prizes are awarded primarily by chance is a lottery rather than a contest. Under California law, only the California State Lottery may operate a lottery. All other lotteries, except bingo games operated by charitable organizations, are prohibited by California’s Penal Code.  
This is from California, but that’s only becuase when I started typing it, that was the location of the last poster, and I got confused.

What state are you in? (I get the feeling it won’t make a difference, but let’s find out.)  
[/QUOTE]

I’m in NJ but if it’s legal in any state, I’d set up the lottery in that state with the winner getting the Jersey property

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**Author:** ![ivylass](https://avatars.discourse-cdn.com/v4/letter/i/9de053/32.png) [@ivylass](https://boards.straightdope.com/u/ivylass)\
**Post date:** [July 5, 2007, 9:00pm UTC](https://boards.straightdope.com/t/can-i-legally-sell-my-house-by-lottery/410642/12 "2007-07-05T21:00:50Z")

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Playing devil’s advocate here…

How, as a lottery ticket buyer, can I be sure that my ticket is put into the hat? How can I be sure that if my ticket is picked, you will indeed give me the keys to the house? How do I know you own the house in the first place? What protections do I have if there are any liens against the property?

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**Author:** ![picunurse](https://avatars.discourse-cdn.com/v4/letter/p/7bcc69/32.png) [@picunurse](https://boards.straightdope.com/u/picunurse)\
**Post date:** [July 5, 2007, 9:01pm UTC](https://boards.straightdope.com/t/can-i-legally-sell-my-house-by-lottery/410642/13 "2007-07-05T21:01:29Z")

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[QUOTE=hajario]  
These are different in different states and countries. Where do you live?

Home auctions for charity are not uncommon in California. There is one in my town every year.  
[/QUOTE]

I could be wrong, but I think the auction has to be handled by a certified non-profit representing a specific charity.

Lotteries, as in choosing a buyer randomly from a number of offers, I believe is fine, but I don’t think one can sell chances to make an offer.  
We bought our house this way. The price was lower than the market, the sellers said the would review all offers above the asking price on a certain day, and at their discretion, accept one offer. Ours was not the highest offer, but they chose us because they liked us.

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**Author:** ![forrest](https://avatars.discourse-cdn.com/v4/letter/f/77aa72/32.png) [@forrest](https://boards.straightdope.com/u/forrest)\
**Post date:** [July 5, 2007, 9:01pm UTC](https://boards.straightdope.com/t/can-i-legally-sell-my-house-by-lottery/410642/14 "2007-07-05T21:01:49Z")

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[QUOTE=Ludovic]  
Heck, I remember a couple or so years ago there was a person/couple who tried to raffle off their home with the proceeds going to _charity_ and the authorities still shut it down.  
[/QUOTE]

I’m guessing then it wont work for me…

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**Author:** ![forrest](https://avatars.discourse-cdn.com/v4/letter/f/77aa72/32.png) [@forrest](https://boards.straightdope.com/u/forrest)\
**Post date:** [July 5, 2007, 9:03pm UTC](https://boards.straightdope.com/t/can-i-legally-sell-my-house-by-lottery/410642/15 "2007-07-05T21:03:42Z")

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[QUOTE=picunurse]  
I could be wrong, but I think the auction has to be handled by a certified non-profit representing a specific charity.

Lotteries, as in choosing a buyer randomly from a number of offers, I believe is fine, but I don’t think one can sell chances to make an offer.  
We bought our house this way. The price was lower than the market, the sellers said the would review all offers above the asking price on a certain day, and at their discretion, accept one offer. Ours was not the highest offer, but they chose us because they liked us.  
[/QUOTE]

I wonder if I gave a % to a charity it might be legal in some state.  
The property I want to sell is in NJ

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**Author:** ![forrest](https://avatars.discourse-cdn.com/v4/letter/f/77aa72/32.png) [@forrest](https://boards.straightdope.com/u/forrest)\
**Post date:** [July 5, 2007, 9:04pm UTC](https://boards.straightdope.com/t/can-i-legally-sell-my-house-by-lottery/410642/16 "2007-07-05T21:04:56Z")

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[QUOTE=ivylass]  
Playing devil’s advocate here…

How, as a lottery ticket buyer, can I be sure that my ticket is put into the hat? How can I be sure that if my ticket is picked, you will indeed give me the keys to the house? How do I know you own the house in the first place? What protections do I have if there are any liens against the property?  
[/QUOTE]

If it were legal, I would hire a reputable auction house to run the lottery..

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**Author:** ![ivylass](https://avatars.discourse-cdn.com/v4/letter/i/9de053/32.png) [@ivylass](https://boards.straightdope.com/u/ivylass)\
**Post date:** [July 5, 2007, 9:06pm UTC](https://boards.straightdope.com/t/can-i-legally-sell-my-house-by-lottery/410642/17 "2007-07-05T21:06:19Z")

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Auction houses don’t run lotteries, they run auctions.

What’s your thinking here? Why don’t you want to list it with a realtor?

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**Author:** ![forrest](https://avatars.discourse-cdn.com/v4/letter/f/77aa72/32.png) [@forrest](https://boards.straightdope.com/u/forrest)\
**Post date:** [July 5, 2007, 9:06pm UTC](https://boards.straightdope.com/t/can-i-legally-sell-my-house-by-lottery/410642/18 "2007-07-05T21:06:43Z")

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[QUOTE=ivylass]  
I seriously doubt that’s legal anywhere in the US. Again, IANAL.

Is this just spitballing, or do you have something against realtors?  
[/QUOTE]

Nothing aganst realtors..it’s just that the housing market is so soft it sucks.

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**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\
**Post date:** [July 5, 2007, 9:06pm UTC](https://boards.straightdope.com/t/can-i-legally-sell-my-house-by-lottery/410642/19 "2007-07-05T21:06:53Z")

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Edited thread title to make it descriptive.

**Gfactor** , General Questions Moderator

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**Author:** ![forrest](https://avatars.discourse-cdn.com/v4/letter/f/77aa72/32.png) [@forrest](https://boards.straightdope.com/u/forrest)\
**Post date:** [July 5, 2007, 9:08pm UTC](https://boards.straightdope.com/t/can-i-legally-sell-my-house-by-lottery/410642/20 "2007-07-05T21:08:09Z")

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[QUOTE=ivylass]  
Auction houses don’t run lotteries, they run auctions.

What’s your thinking here? Why don’t you want to list it with a realtor?  
[/QUOTE]

It is listed, but the market sucks. I’m looking for a sure-fire way to sell, without dropping the price down the toilet.

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