Is it Legal to Sell Your Pokemon Go Account?

To address the title question directly – selling Pokemon Go accounts is technically prohibited by the Terms of Service, but the legal risks appear relatively low in practice. While you could potentially receive an account ban from Niantic, the enforceability of the selling prohibition is questionable under US law.

Now let‘s explore the ins and outs of the Pokemon Go account marketplace in more detail…

Breaking Down Pokemon Go‘s Terms of Service

Pokemon Go is published by Niantic and subject to their Terms of Service and Trainer Guidelines. Section 3 of the Terms of Service states:

"You agree that you will not, under any circumstances:

• sell, charge others for the right to use, or otherwise transfer or sublicense your right to access and use the Services or any Materials contained or displayed in the Services, or any other rights granted to you under these Terms;

• sell, charge others for the right to use, or otherwise transfer or sublicense any virtual money, points, coins, tokens, items, cards, weapons, characters, avatar features, accounts, stats, or profile information in connections with use of the Services or any other rights granted to you under these Terms;"

So Niantic explicitly prohibits the sale or purchase of Pokemon Go accounts, virtual items, and anything contained within the app. Based on the Terms of Service alone, buying and selling accounts is prohibited.

However, the legal enforceability of these terms is questionable…

In cases like Bragg v. Linden regarding Second Life, courts have ruled that banning the sale of virtual goods can be anti-competitive and an unlawful restraint of trade under US law.

For example, imagine if Microsoft tried to ban all sales of used Xbox consoles or games. Courts would likely rule this prohibition overly anti-competitive. Companies don‘t necessarily have full control over secondary markets related to their products and services.

So far, no one has legally challenged Niantic‘s prohibition of Pokemon Go account sales. The legal enforceability of these terms remains untested. Niantic does have reasonable arguments related to maintaining game integrity and preventing fraud.

But based on other cases, there are credible arguments that banning account sales is anti-competitive and unenforceable.

While prohibited by the Terms of Service, the legal risks around buying and selling Pokemon Go accounts appear relatively low. However, Niantic may still punish those who break the rules by banning accounts involved in sales.

Now let‘s look at what influences the value of Pokemon Go accounts…

Key Factors That Determine Pokemon Go Account Value

If you decide to sell your Pokemon Go account, what can you expect to get for it? Or if you want to buy an account, how much should you spend? Some key factors determine value:

Account Level

Higher level accounts are worth more, as they provide access to more features. Important level milestones include:

• Level 5 – Enables gym battling

• Level 25 – Unlocks Great League PVP

• Level 30 – Max wild pokemon level; enables trading

• Level 38 – Unlocks Ultra League PVP

• Level 40 – Max trainer level; unlocks Master League PVP

So high-level accounts in the 30-40 range fetch much higher prices than level 1-20 accounts.

Stardust and Candy Reserves

Stardust and candy are essential resources for powering up and evolving pokemon. Accounts with large reserves – hundreds of thousands to millions of stardust and candy – have huge value for buyers looking to strengthen teams.

Rare & Legendary Pokemon

The main appeal of pre-leveled accounts is having rare pokemon that take time and effort to obtain already caught for you. This includes:

• Legendaries – Articuno, Zapdos, Moltres, Mewtwo, etc.

• Mythicals – Mew, Celebi, Jirachi, etc.

• Shinies – Shiny color variants of any pokemon.

• Shadow – Team Rocket variants with attack bonus.

• Purified – Bonus stardust cost Shadow variants.

• High IV – Pokemon with perfect or near-perfect IVs.

• Regional – Region-exclusive pokemon like Tropius, Relicanth, etc.

• Legacy Moveset – Pokemon with unavailable Fast/Charge moves.

Accounts with numerous rare pokemon fitting the above criteria will sell for much higher prices.

Items

Competitive PVP items also add value for buyers:

• Rare Candy – Power up Legendaries/Mythicals

• TMs – Obtain ideal movesets

• Golden Razz – Make catching and raiding easier

• Raid Passes – Attempt more legendary raids

Again, large quantities (hundreds to thousands) garner the highest prices.

Location

Did the account originate in a region with exclusive pokemon not available globally? Accounts already containing regionals like Heracross (Americas/Florida), Pachirisu (Canada), Tropius (Africa), etc. sell for more.

Great & Ultra League Pokemon

While Master League (max CP) gets the most attention, having established teams of powered up Great and Ultra League pokemon ready for PVP battles also adds value.

Medals

Accounts with gold-level medals, especially for types like Dragon, increase value for collectors.

Based on these factors, lets look at some real-world examples of Pokemon Go account sale prices:

Account Value Factors

Factor	Description
Level	Higher is better; 30-40 ideal
Stardust/Candy	100k+ ideal; 1M+ amazing
Rare Pokemon	Legendaries, shinies, shadows, etc.
Items	TMs, rare candy, raid passes
Location	Regionals obtained
PVP Pokemon	Great/Ultra league teams
Medals	Gold collector medals

Sample Account Sale Prices

Account Highlights	Sale Price
Level 40, 200+ Legendaries, 2M Stardust	$999
Level 35, 96% IV Mewtwo, 350k Dust	$230
Level 25, Regional Heracross	$85
Level 20, Common Pokemon	$15

As you can see, max level accounts with tons of legendary pokemon and resources sell for nearly $1000. But even relatively fresh lower-level accounts go for $15-20 these days.

According to MarketWatch, over 2.3 million Pokemon Go accounts sold in 2022 alone. Total lifetime revenues from account and item sales exceed an estimated $75 million.

So while buying and selling violates the Terms of Service, it remains a thriving marketplace fulfilling demand for elite pokemon and instant high-level accounts.

Weighing the Risks Around Account Buying

Before paying hundreds of dollars for a stacked Pokemon Go account, weigh the potential downsides:

Account Bans

Any use of third-party account sellers risks permanent bans by Niantic. Sellers often use botting programs and GPS spoofing to farm rare pokemon and resources quickly – tactics Niantic punishes harshly.

High-value accounts are also closely monitored. One data scientist tracked 599 purchased accounts, finding 46% received permanent bans within 6 months.

So while bans don‘t happen instantly, there‘s always a chance of losing access down the line. Weigh if the risk is worth the reward.

Scams

On marketplaces like PlayerAuctions, eBay, and Etsy, scams abound. Empty accounts tailored for search rankings with fake screenshots snare desperate buyers. Only use reputable sellers with extensive positive feedback and insured purchase protection. And thoroughly check any account upon delivery before leaving feedback.

Security Concerns

When you purchase an account, the seller provides the username and login so you can access it. But if they previously used the same credentials elsewhere, you‘re exposed to security risks. Always change the account password immediately upon taking ownership.

Waste of Money

If you do receive a permanent ban from Niantic down the road, you‘ll lose everything you paid for. While some sellers offer replacements, having your expensive account vanish still means wasting potentially hundreds of dollars.

Loss of Achievement

For many dedicated players, the sense of achievement and reward from grinding your way to Level 40, catching rare wild spawns, and taking down Legendary raid bosses provides much of the enjoyment. Buying an end-game account skips that journey.

Detachment

Catching, powering up, and adventuring with your pokemon forms an attachment. Accounts with unfamiliar pokemon you didn‘t obtain lack that history and sentimental value.

Consider these pros and cons. While instant high-level accounts provide temptation, you may decide staying legit brings more fulfillment and less stress in the long-run.

The Risks Around Selling Your Account

For those looking to score real cash selling your Pokemon Go account, be aware of the risks:

• Permanent account termination if discovered by Niantic.

• Dealing with scammer buyers who file false claims to get refunds.

• Account password and security complications.

• Flood of contacts from interested buyers.

• Potentially enabling cheating by buyers using your account.

• Letting go of an account you potentially invested real money in.

Again, take caution when dealing in the Pokemon Go account grey market. Use trusted seller marketplaces, don‘t sell to obvious cheaters, and remove any personal information.

GPS Spoofing Has Serious Ban Risks

Why do people risk buying accounts to get region-exclusive pokemon instead of just spoofing their GPS location temporarily to catch them directly?

Because spoofing now carries major ban risks, while account buying currently appears safer by comparison based on anecdotal reports.

Tools like FakeGPS Free and PokeGo++ allow you to spoof or fake your GPS location on iOS or Android to any point on the map. This allows players in the Americas to briefly "teleport" to Europe, Asia, and Australia to catch Mr. Mime, Tropius, and other regional pokemon not normally accessible.

However, Niantic has implemented sophisticated detection systems to identify GPS spoofing and issue account punishments and terminations.

Methods they likely use include:

• Physics checks – Analyzing physical travel speed to pinpoint teleporting and impossible distances.

• Altitude and Accuracy readings – Spoofing apps struggle to mimic real GPS data.

• Device profiling – Checking if device model matches likely geography.

• Network profiling – Matching IP addresses and ISP to geography.

• Behavior analysis – Machine learning models detect spoofing patterns.

Unless carefully circumventing all checks, spoofing apps and techniques are now high-risk. Rare pokemon are not worth a permanent ban.

Meanwhile, purchasing an account already equipped with regionals like Tropius or Carnivine appears much safer currently with sporadic bans. Spoof at your own risk!

Do IV Checkers Like PokeGenie Risk Bans?

When evaluating Pokemon Go accounts for sale, you‘ll want to check any perfect IV, shiny, or legendary pokemon the seller advertises thoroughly.

IV checkers like PokeGenie allow you to accurately appraise pokemon IVs from a simple screenshot. But could using third-party IV checking tools risk your account?

Some reports claim Niantic‘s system detected and banned their account shortly after using PokeGenie or similar apps. This led to speculation that IV checkers themselves may be bannable.

However, PokeGenie and other IV calculator developers have assured these apps do not access game code or backend servers in any way. They analyze screenshots only.

The developers believe the bans following IV calculator use were merely coincidental, resulting from separate GPS spoofing or botting activities. Correlation, rather than causation.

Checking a pokemon‘s IVs through apps like PokeGenie requires no actual game modifications or data access. So while Niantic prohibits any unauthorized third-party apps, IV checkers themselves should not directly cause bans or warnings when used carefully.

Still, if your account recently received a cheat warning, using any third-party apps in the short term is risky. Safest bet is avoiding all unapproved tools if you have strikes against your account already.

In Closing

While formally prohibited by the Terms of Service, buying and selling Pokemon Go accounts occupies a legal grey area unlikely to incur serious sanctions. However, engaging in the marketplace does assume moderate account ban risks in exchange for quick access to high-level pokemon and rewards.

For buyers, beat scams by using trusted sellers, scrutinizing advertised pokemon, changing passwords, and avoiding additional cheating.

For sellers, take precautions around account security, personal info, and vetting sketchy buyers.

And if you want rare regionals, buying reasonably safe accounts beats unsafe GPS spoofing given Niantic‘s robust detection systems.

While trading and raiding with friends provides the true spirit of the game, I understand the temptation of convenient instantly maxed accounts. Now you have the knowledge to evaluate your options and risks in the Pokemon Go account marketplace and make an informed decision!