Legal Question in Business Law in Massachusetts
Facilitate online payments between buyer and seller
I have a web site that allows buyers to purchase online services from sellers. I need my site to act as an escrow service for the buyer/seller transaction. I would like to charge the buyer, and then hold the funds until the delivery of the agreed upon service by the seller. At this time, my company will release these funds minus a transaction fee charged to the seller.
I am looking for advice on the best way to implement this (e.g. do I need to be licensed as an escrow service, can I use an online license agreement to bind the buyer/seller).
If you have experience here, please let me know the details and we can talk directly via phone. Thanks.
4 Answers from Attorneys
Re: Facilitate online payments between buyer and seller
this is not enough information. You need to set up an agreement and an accounting system to insure that what you promise will be delivered, and you may even seek to be bonded or insured.
Re: Facilitate online payments between buyer and seller
Your question does not provide sufficient information for an attorney to give you a well thought out answer.
However, what you propose opens you up for lawsuits and claims from both buyer and seller. You need to do a number of things to provide escrow services not the least of which is to insulate the funds from the claims of both your creditors and your business's creditors as well as the creditors of the buyer and the seller.
At a minimum you will need some sort of bond or insurance. You will need a comprehensive escrow agreement and a limitation on liability to both the seller and the buyer.
Please feel free to contact me if you have additional questions.
Re: Facilitate online payments between buyer and seller
It sounds like you need a well drafted, comprehensive agreement which protects you from liability from both buyer and seller (possible dual agency). Please feel free to contact my office direct for a free initial consult based upon the facts of your specific situation;))
Re: Facilitate online payments between buyer and seller
No, you don't need special licenses to do what you contemplate. As long as you have a proper escrow agreement (which obliges the seller to protect, defend, and indemnify you), this should work. Yes, an online agreement is legally sufficient (although I would generally ask for an original signed copy along with payment).
Cheerio!
LDWG
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