Legal Question in Real Estate Law in Missouri

I would like to know if it is legal to raffle off a house.and what i must do to make sure i am doing it lagally.


Asked on 10/25/09, 8:24 am

1 Answer from Attorneys

Anthony Smith LawSmith

Well, to start, you must own the house, or have the authority to act on behalf of the owner. You cannot legally raffle off the home of another. The way in which you select the buyer's offer is up to the seller, within the framework of not violating the fair housing statute and regulations. That means, generally, that you cannot restrict who may bid by race, religion, nation of origin, etc.

other than that, a raffle or auction would not per se be "illegal." That addresses the home selling portion of your question.

It is another question in asking whether you can hold a raffle for something of value. There are charitable exceptions to some of the strict guidelines on games of chance. If the home is owned by a 501c-3 corproation, they might be able to sell it by raffle. If the house is owned by a person (corporations are persons under the law) then they would have to follow much stricter guidelines. In some cases, you cannot require that a person purchase anything (that could mean giving a raffle ticket for free, if they ask) If no one is required to "buy" the ticket, it could undermine a profit motive for holding the raffle. There are other restrictions bases upon who is holding the raffle and how it is advertised.

If you are serious about exploring whether you can sell a house this way, you might consult directly with an attorney in your area who can discuss with you the specific factors of your situation.

Good luck

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Answered on 10/30/09, 12:01 pm


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