I have a house in Ireland but live in the USA. my house is still on the market but that will stay like that for many years in this economy. I was wondering, what my chances are if I were to raffle the house to the public, for $50 for example. I think the law in Ireland states that I cannot do a raffle without a lottery license so I would have to ask a question on each ticket, making it a game of skill.However, I still owe some money on the mortgage. I was thinking of getting around this by doing the following:Each ticket must have the question answered correctly.There must be a minimum amount of x tickets sold (clear the mortgage).If the minimum is not met, the existing tcikets will be rolled into the next raffle until the minimum is met.Can you tell me if I can do this legally?
State/Country relating to question: Ireland
Nothing, just google etc
1. Whilst I admire your plan, I regret to say that there is a fatal flaw in the idea, in that a lottery licence can only be granted in Ireland if it is for charitable purposes. Under the Irish Gaming & Lotteries Act, even games of skill are restricted, apart from certain limited exceptions to situations where the monies earned/raised go to charity. Accordingly, your scheme would not get a lottery licence from the District Court as the end use of the funds, whilst laudable, is not charitable in design. In essence all of the funds would have to be going to a registered charity. It is not sufficient that the monies go to pay off a mortgage. And it is definitely unlawful that you personally benefit.
Does this still apply if it is conducted outside of Ireland?
2. No, provided it is lawful according to the law of the place in which it is conducted. In essence, there is no reason why an Irish property cannot be a prize for a US lottery. Accordingly, your task is to find a lottery friendly country where the lottery is allowed with the Irish house as a prize. However, be aware that in order for lottery tickets to circulate in Ireland it would again need a Gaming & Lotteries Act licence. So really, your tickets need to be sold outside of Ireland as well. Preferably in the place where the lottery is lawful. The UK for example allows gaming contracts and has a much looser licensing regime.
(In the UK gaming contracts are fully enforceable. In Ireland gaming contracts are unenforceable)
Barrister 17 years experience
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