Actually, if you use the gift option via credit card; I think you get the (higher) cash advance interest rate....but, last I heard, the sender decided who paid the fee.
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I wouldn't go so far as to say they are not legitimate.
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How about "no legitimate business" should tell you to add the fee? (I don't mean to imply that either gift or +3% is acceptable from any seller, though.)
The reality is that, yes, if we're taking PayPal, we consider the fees when setting the price (or negotiating). One thing I used to do - years ago - when a seller added that +3% line, was to lower my offer another 5% below what I planned.