If neither party does anything, the buyer is out 2x and
the seller is out 1x. This encourages the buyer to pay
up and the seller to deliver.
If the seller doesn't mail the goods and cannot be contacted, surely the buyer will have a choice to either (a) leave the payment in escrow, getting nothing back (but giving nothing to the seller) or (b) approve the transaction, getting 1X back (but giving 2X to the fraudulent seller).Wouldn't buyers choose (b) because getting back 1X is better than nothing?
And if you're going to release payments even when you're the victim of fraud, you might as well not bother with the escrow?