PayPal User Agreement – PayPal US

Accepting preauthorized payments

As a seller, you can accept payments from a buyer’s account through preauthorized transfers either on a one-time, regular or sporadic basis. This type of transaction is sometimes called a “billing agreement,” “subscription,” “recurring payment,” “reference transaction,” “pre-approved payment” or “automatic payment”.

Ask about buyer rebates

Although the buyer doesn’t usually pay realtor fees, they may be eligible for a commission rebate.

Home buyer rebates are legal in 41 states and can put money back in the buyer’s pocket. Be sure to ask your agent if they offer their buyers rebates.

»READ:How to Get a Home Buyer Rebate — Without Negotiating

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Buyers need cash for a down payment and earnest money

Although buyers don’t usually pay realtor fees, purchasing a home still comes with significant upfront expenses.

The biggest cost is the down payment, which ranges from 3% up to 20% of the home’s purchase price.

Some buyers also put down earnest money before closing — usually 1-5% of the price, though norms vary by location.

Note that earnest money isn’t an added expense — it’s more like a deposit and will be applied to the buyer’s costs if the deal goes through.

Buyers typically offer earnest money to assure the seller that they’re serious about purchasing the home.

»READ:How to Afford a Million-Dollar Home

Buyers pay closing costs

Though buyers don’t usually pay commission, they are responsible for closing costs.

Your closing costs will depend on where you live, the type of loan you take out, and your interest rate.

A good rule of thumb is to save 2-5% of the purchase price for closing costs.

»LEARN: Read this before you pay closing costs

Card not present transactions

Whenever a buyer uses a debit or credit card as the payment method for a transaction using their account to buy something from you as a seller, the transaction will be processed as a “card not present” transaction, even if the buyer is at your store location.

In-store payments and qr code transactions

If you accept PayPal payments at your physical store, you must communicate the total amount of the transaction to the customer before it takes place. You may charge your customer’s account only for transactions that they have authorized. You must also provide customers with a physical receipt if they request one.

If you use a QR code to accept payments in your physical store, you must use a QR code intended for goods and services transactions. You must also not use QR codes intended for in-person transactions as a method of accepting payment for goods and services transactions occurring online.

No surcharges

You agree that you will not impose a surcharge or any other fee for accepting PayPal as a payment method. You may charge a handling fee in connection with the sale of goods or services as long as the handling fee does not operate as a surcharge and is not higher than the handling fee you charge for non-PayPal transactions.

Payment review

PayPal reviews certain potentially high-risk transactions. If PayPal determines, in its sole discretion, that a transaction is high-risk, we place a hold on the payment and provide notice to you to delay shipping of the item. PayPal will conduct a review and either complete or cancel the payment.

If the payment is completed, PayPal will provide notice to you to ship the item. Otherwise, PayPal will cancel the payment and the funds will be returned to the buyer, unless we are legally required to take other action. All payments that complete this payment review will be eligible for PayPal’s Seller Protection program if they meet PayPal’s Seller Protection program requirements. We will notify you about payment reviews by email and/or through your PayPal account.

Presentation of paypal and venmo

You must treat PayPal and/or Venmo payment methods or marks at least on par with any other payment methods or marks offered or displayed at your points of sale where PayPal or Venmo branded services are integrated, including your websites or mobile applications.

This includes at least equal or better: logo placement, position within any point of sale, and treatment in terms of payment flow, terms, conditions, restrictions, and fees, in each case as compared to other marks and payment methods at your points of sale.

In representations to your customers or in public communications, you must not mischaracterize any PayPal or Venmo services or exhibit a preference for other payment methods over PayPal or Venmo services. Within all of your points of sale, you agree not to try to dissuade or inhibit your customers from using PayPal or Venmo services or encourage the customer to use an alternate payment method.

If you enable your customers to pay you with PayPal or Venmo, whenever you display or exhibit the payment methods that you accept (either within any point of sale or in your marketing materials, advertising, and other customer communications) you agree to display the PayPal or Venmo services payment marks at least as prominently, and in at least as positive a manner, as you do for all other payment methods.

Receiving donation payments

If you use your PayPal account to accept donations, including using the Generosity Network, the Donate Button, or PayPal Checkout for Donations, you must:

  • Pay any applicable fees for receiving the funds.
  • Not use Generosity Network, the Donate Button, PayPal Checkout for Donations, or any other donation services for the sale of goods and services. If you do so, PayPal may remove your PayPal account’s ability to use those services or otherwise receive donations.

Receiving payments

If you use your PayPal account to receive payments for the sale of goods or services or to receive donations, you must:

  • Pay any applicable fees for receiving the funds.
  • Not ask your buyer to send you money using the “send money to a friend or family member.” If you do so, PayPal may remove your PayPal account’s ability to accept payments from friends or family members.

By integrating into your online checkout/platform any functionality intended to enable a payer without a PayPal account to send a payment to your PayPal account, you agree to all further terms of use of that functionality which PayPal will make available to you on any page on the PayPal or Braintree website (including any page for developers and our Legal Agreements page) or online platform. Such further terms include the PayPal Alternative Payment Methods Agreement.

Taxes and information reporting

Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “taxes”). It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is solely your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority.

You acknowledge that we may make certain reports to tax authorities regarding transactions that we process. For example, PayPal is required to report to the Internal Revenue Service the total amount of payments for goods and services you receive each calendar year into all of your PayPal accounts associated with the same tax identification number once you receive more than (i)

$20,000 in payments for good and services and (ii) process more than 200 transactions involving goods or services through those PayPal accounts in the same calendar year (the “Reporting Threshold”). After December 31, 2021, the Reporting Threshold will be reduced to $600 in aggregate payments for goods or services, with no minimum transaction requirement. PayPal is also required to report payments for goods and services to applicable state and local governments.

PayPal’s IRS, state, and local reporting obligations are not limited to payments you receive for goods and services transactions. If you receive other types of income (for example, proceeds from the sale of cryptocurrency), these are reportable payments by the aforementioned tax authorities, and PayPal will send you any necessary forms 1099s or 1042-s. These forms will also be transmitted to the relevant tax authority.

Taxpayer identification number and withholding tax

PayPal may request that you provide your tax identification number and/or a U.S. tax form such as W-9 or W-8. If you do not provide PayPal the requested information and documentation, you understand and agree that you may be subject to account limitations and federal and state withholding tax at the applicable rates on all US source income payments received. PayPal will send all withholding taxes to the appropriate taxing authorities and cannot refund those amounts.

What do realtor fees cover?

Usually, real estate brokers charge a percentage of the profit from a home sale.

This commission covers services rendered, such as:

  • Helping the buyer locate a home by using the MLS
  • Scheduling times with the seller for walkthroughs
  • Processing all the paperwork

The total commission — 5-6% of the sale price, on average — is split between the buyer and seller’s agents. It is common for agents to split commission evenly, so each would get 2.5-3%.

Buyer’s agents are more motivated to show homes to their clients if they can earn commission from the deal. As a result, you can think of realtor fees as a marketing expense for the seller.

»READ: What Is Realtor Commission?

Who pays the sales tax, the buyer or seller?

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Your customer service information, refunds and returns policy, and privacy policy

You must publish customer service information with clear instructions on how your customers can contact you. Such instructions must include at least: (1) one active customer service email address or active customer service URL to file tickets for assistance and/or (2) one active customer service telephone number. Such information must be readily accessible for review by your customers.

You must publish a refunds and returns policy.

You must publish a privacy policy, where required by law.

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