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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32331
Experience:  Began practicing law in 1992
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My husband and I are trying to get rid of our motor home in

Customer Question

My husband and I are trying to get rid of our motor home in a win-win situation. We have not use it for over 2 years and at 80 with 2 major back surgeries last month, he is no longer able to drive it. We have had it on an RV lot for sale for this whole year and not even a bite. My husband's idea was to offer it to 500 people for $100 a ticket. This would clear our debt and provide some money for the winner to stock the motor home as well as give a little to the RV dealer who has been storing it for this year. Is that legal?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

Unfortunately, it likely is not legal as you describe it.

There are four different types of programs in CA which this could fall under, 1) a contest, 2) a sweepstakes, 3) a lottery, and 4) a raffle.

A contest involves some type of skill which, obviously, a drawing of a name does not.

A sweepstakes is like a lottery but no purchase can be required to enter the drawing.

The lottery allows for the drawing of a name and can be based solely on luck but, unfortunately, in California a lottery can only be conducted by the state of California.

A raffle, which sound like what you want to conduct, can only be done for charitable work and 90% or more of the proceeds must go to a recognized charitable organization.

You can read more about these at http://www.dca.ca.gov/publications/legal_guides/u-3.shtml

You can read about raffles at https://oag.ca.gov/charities/raffles

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