Selling Home Through A Lottery
Ask the Real Estate Lawyer: Real Estate Law Q&A
REM #LAW 742
By Ilyce R. Glink and Samuel J. Tamkin
Summary: A ThinkGlink reader would like to
sell his home through a private lottery. Ilyce and Sam explain where he needs
to go to find out the legalities of such a transaction.
Q: I would like to sell my home via a private lottery in New York State. How
do I go about doing this and is it legal?
(article continues below useful links)
A: In some states, lotteries of your type are legal, but may be regulated.
If you plan to have people participate in your lottery that are from states
other than your own, you may have to comply with the lottery rules in each of
Some states may require you to submit your advertising materials and other
information relating to your lottery for approval by the appropriate governmental
Other states will specifically restrict any game of chance in which you have
to pay to participate. Some of these games of chance are permitted for charitable
purposes, but when it comes time to have a lottery, raffle or other game of
chance in which a person has to pay to play, it may be prohibited or highly
For more information on your specific state, you should contact the gaming
commission board in the state in which you are located.
You can also look up the laws of New York under http://public.leginfo.state.ny.us.
After reviewing the legislation, we’re betting that you’ll find
that a lottery of the type you are contemplating is considered gambling and
is probably illegal.
Samuel J. Tamkin is a Chicago-based real estate attorney. Ilyce
R. Glink’s latest book is 50 Simple Steps You Can Take To Sell Your
Home Faster and For More Money In Any Market. If you have questions for
them, write: Real Estate Matters Syndicate, PO Box 366, Glencoe, IL 60022
or contact them through Ilyce’s website www.thinkglink.com