Legal Question in Legal Ethics in Indiana
Scalping Tickets to Sporting Events
I would like to know if ticket scalping is legal in the state if Indiana. In other words, can I legally sell a ticket(s) to a sporting event for more then the original purchase price or face value? I will give an example. I have recently purchased racing tickets from a friend at face value. Can I turn around and sell those tickets via online auction to the highest bidder and exceed the total face value for those tickets? Thank you for your time and response.
1 Answer from Attorneys
Re: Scalping Tickets to Sporting Events
I am of the opinion that the example you provided would fall under no statutory regulation of sales of goods. I would however be concerned about making such sales as a business and checking with your local municipality about the necessity of being licensed if you do this on a regular basis. It appears that each municipality has ordinances that control this type of activity. I found nothing in the laws of the State of Indiana which would lead me to believe that auctioning via the internet would be a criminal violation if the buyer paid more than the face value of the ticket. If, of course, the information concerning seating or rights acquired by owning the ticket were misrepresented, then it could be construed as fraud. But finding there is a market for an event you have a ticket to and offering it publicly and allowing it to set its own price by auction does not appear to be illegal in Indiana.