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OK, great example, so I'll explain why a smart contract couldn't work here at all. So, to start, going to be clear I'm using your specific example of "escrowing funds on purchase of a piece of real estate (and I mean actual, real, real estate)". Simple enough. But, at the end of the day, who is to say "the keys you gave me are really the keys to the house you said you sold me"? That is, there needs to be some way to import to the smart contract ecosystem "yes, these are the keys to the house he sold me, and yes, the seller is the unencumbered title holder of this house". There is no real way to do that without some sort of oracle, and then you've just moved the problem back a step (i.e. you need to trust the oracle). I happen to think title insurance is vastly overpriced in many states, but that's not the same thing as thinking that title companies (who normally do escrow in the US) don't serve a very important purpose. Most importantly, they ensure the seller is the actual title holder. And I can hear the crypto fans saying "Well, if you just held that title on a blockchain, there would be no ambiguity about who owns it." But that just pretends that all the real world examples don't exist, like a contractor who puts a lien on a house because he claims he wasn't paid. Also, in the real world, if someone steals the key to your house, it's not usually that hard to evict them and change your locks. In the crypto world it's "sorry, finders keepers". So again, this simple example just falls apart on further inspection. Very happy to hear why any of the rationale I've given above is not correct. |
Are these ACTUALLY the keys to this house? Are they the only set? The original set? Were the locks changed, and this set in the contract is no longer valid?
Then putting aside all of that... How do you ENFORCE a "smart contract"? Probably through... Existing contract law. Because that's what it's there for. Smart contracts are just more convoluted paper, and we can do that already with DocuSign or any number of other digital contract options - all of which provide, so far as I can tell, precisely the same level of verification that a smart contract does. The only "advantage" of a smart contract over those platforms is that the history of the "document" is more or less baked into the chain, instead of trusting that the third party platform hasn't modified it... Which they will never have any motivation to do...
People have been initialing pages to mark them as read/accepted for more years than I've been alive. In the event of a contract dispute, smart contract or not, it's going to be up to a third party (mediator, judge, etc.) to decide on resolution anyway... At which point even the exact wording of the contract may well be discarded as being unenforceable because _contracts are not above the law_.