Can I sell an NFT while retaining possession of its utility?

Select jurisdiction

  • Germany
  • India
  • Brazil
  • Sweden
  • United States
  • Nigeria
  • Poland


If the technology allows such a transfer, the law does not forbid it. If the utility is not
technically bound to the NFT, the answer to this question mainly depends on the applicable
terms and conditions.

Johannes Arndt

Crypto: Private Law


It is generally not possible to retain the utility of an NFT and sell the NFT without the utility. NFTs are digital assets that are often associated with a particular piece of content or functionality. When an NFT is sold, the ownership of the digital asset is transferred to the buyer, along with any associated rights or privileges. This means that if an NFT has any inherent utility, such as the ability to be used as a virtual item in a video game or as a form of payment on a particular platform, that utility will be transferred to the buyer along with the NFT. It is not possible to separate the utility of such an NFT from the NFT itself.

Garv Sultania

Web3 Regulations; Jurisdictions;


Yes, as long as the buyer is fully aware of this and respects the associated license, the
legal transaction is established in accordance with the freedom of the contracting parties. Of
course, ensuring that this will work practically, as benefits are given to the NFT holder, would
be the sellers responsibility.



Elvin Sababi

Regulatory and Compliance (including AML), NFT IP rights, Crypto taxation

United States

If a particular token is a utility token, you cannot retain the utility of the NFT after the sale of the NFT. The NFT itself is proof of ownership of such utility; therefore once the NFT has been sold to a new owner, the new owner holds and benefits from the digital confirmation of ownership of the utility.

Krystin Kopen

FinTech, Crypto & Web3


This can only be done where the original term of sale or license allows for it.

Ifeanyi E. Okonkwo

Intellectual Property & Commercial Law


If the terms and conditions or sales agreement of the NFT does not prohibit the disconnection of the NFT from its utility, and if it is technically feasible, there is no objection to it.

Maciej Niezgoda

Intellectual Property, Data Protection, DeFi, Fintech, AML

We are a virtual law firm for web3 matters.


Meet the team behind WEB3LEX.