Originally posted by RioRico If you're dealings are on eBay and other auction sites, it's IMHO insane to use GIFT payments, which cut you off from any recourse. As Les suggested, fee-skipping may be appropriate for trusted trades that don't involve auctions or commercial sales. Otherwise the 3% fee really is cheap insurance. Don't try to mess with Paypal; they're bigger and meaner than you.
RioRico is correct. On eBay you would be insane to try and use a gift payment to avoid the fees. However, on a site like this one, the decision is a bit more gray. I've regularly receive both regular and gift payment, and I've sent both types as well when buying things. By doing so as a buyer, you give up all your rights should there be an issue or dispute. Think of sending a gift/personal payment in the way you'd view sending cash/check/money order. Once you've sent it, that's it, you have no recourse should the seller not meet their end of the transaction. So if you wouldn't be comfortable sending a seller a check or money order, you gain no additional protection by sending a gift/personal payment.
As to the issue of PayPal and personal payments, they clearly frown on it. They also don't care if you mark it gift or "payment owned". They pretty much view all personal payments the same way. I've been warned before about accepting too many personal payments on PayPal. I then tried to minimize my use of the "gift payment" for a while and then started back up again. Ironically, I bought so much stuff on eBay in the past year that PayPal "upgraded" my account to "VIP" and now they don't seem to care what I do in terms of payments
(I even have their "VIP" phone number to call if I need them)
Anyway, bottom line to the OP, if a seller you don't know and/or trust is asking for a gift payment and you wouldn't don't feel comfortable sending them a check, don't send them a gift payment either as it's basically the same thing in terms of risks and lack of protection. In terms of you getting in trouble for sending one, I've never heard of that being an issue; PayPal seems to focus on the sellers accepting gift payments in situations where they feel a regular payment should have occurred.