I just sold a property using BitBay’s blockchain smart-contracts

I just sold a property using BitBay’s blockchain smart-contracts

Rental Property Investor · Santa Cruz, CA · Member since 2016 · 39 posts · 25 votes

I just sold a 5-acre lot in San Bernardino County, CA, to a buyer in Norway, using cryptocurrency and BitBay's trustless smart contracts. The last year and a half has been spent putting together a land business (based on @sethwilliams model), which I am now integrating with blockchain technology. 

First, for those who are new to blockchain tech and cryptocurrency:

Smart Contract: A smart contract is a computer protocol intended to facilitate, verify, or enforce the negotiation or performance of a contract.

Cryptocurrency: is a digital asset designed to work as a medium of exchange using cryptography to secure the transactions and to control the creation of additional units of the currency.

Blockchain: A blockchain is a digitized, decentralized, public ledger of all cryptocurrency transactions. Constantly growing as ‘completed’ blocks (the most recent transactions) are recorded and added to it in chronological order, it allows market participants to keep track of digital currency transactions without central recordkeeping. Each node (a computer connected to the network) gets a copy of the blockchain, which is downloaded automatically.

note: These definitions are very condensed, solely for the purpose of this post. I could write 10 pages on each of them and it would only scratch the surface.

So what is BitBay you might ask? From their website: “Bitbay is a working real-world cryptocurrency powering a fully-functional decentralized marketplace that allows you to buy and sell goods and services easily, securely, and anonymously.”

For more information, check out their website at: https://bitbay.market/

I first discovered BitBay markets while perusing some forums on cryptocurrency investing, and after reading several recommendations, decided to give it a look. After checking out their project, I decided to buy come BAY currency, thinking I would hold it long term it and nothing more. However, upon realizing that their software had a built in wallet, I went a bit further to download it in order to securely store the digital coins. In all honesty, my first impression of the BitBay software was fairly unimpressive. The general feel of the user interface seemed a little outdated, and had a strong “Windows ‘95” feel to it. However, after watching a few tutorial videos (which I highly recommend) I quickly realized that this is a very powerful tool, which can be used for almost any type of transaction in the world. David Zimbeck, the developer and his team have spent almost 100% of their focus on the function and security of the software, before making it visually appealing. Function before fashion, I absolutely love it. 

(A brand new, more visually appealing user interface is going to be launched Q1, 2018)

After a few days had passed, I was really curious to see the software in action. I wanted to see if these “trustless smart contracts” were actually a legitimate process for business, and the only way to do that was to list something on their decentralized marketplace. In order to truly test this out, I needed to sell something large, something that would normally require a sizeable amount of trust; an item that typically included middlemen, central authorities, and high fees. It so happened that there was a 5-acre vacant lot I needed to sell for my land business, which I had started a year and a half ago.

That afternoon, I sat down with a cup of tea at my desk, thinking that creating this listing would take the rest of the day. However after few clicks, I had my property listing up on the decentralized marketplace. The most time consuming part for me was deciding how to custom tailor the double deposit escrow (DDE). The way this trustless escrow system works is that both buyer and seller deposit a set amount of money into an encrypted account. If either party decides to cheat one another, the deposits are destroyed, and both lose money. This conveniently prevents fraud, as there is no financial or physical gain for dishonesty. Additionally, this also completely eliminates the need for a costly third-party escrow service. The double deposit escrow can be set up a number of different ways, depending on the seller’s risk tolerance and value of the item being sold.

After a few days of having the land listed on the marketplace, I opened my computer to find that someone had accepted my smart contract. Not only that, but it was a buyer located on the other side of the planet, in Norway! My first thought was “Is this even legal?” However, what really found surprisingly surreal was the feeling of trust that came with this contract acceptance. I had comfort knowing that the deal would be followed through to completion. (note: BitBay offers automatic price tracking, so if the currency value changes before a contract is accepted, you will still receive the equivalent amount for the deal. You can also use fiat (USD) for the purchase price and BAY for the deposit to ensure minimal price change upon contract completion. The rolling peg will also create an incentive to use BAY instead of fiat.)

Once I confirmed the legality of foreign citizens purchasing real estate in the U.S., I mailed the deed and paperwork out to the buyer. This was the slowest part of the transaction. The county that this property is located in requires a wet signature on all recorded documents, so an electronic signature was out of the picture. Once the buyer signed the documents, he then had to send them back to the U.S. for recording. Someday, when the counties update their policy, e-signatures will make the process incredibly faster. To take it one step further, imagine if the counties could integrate their records onto the blockchain… Then an accepted smart contract on BitBay could seamlessly be updated in the county records. I digress. Once the county received and recorded the deed, the buyer then sent the payment of BAY currency to my BitBay wallet address within the client. At that time we both received our deposits back, and the transaction was complete. (the next step would be to convert the payment of BAY into USD.)

Over all, this transaction was about as smooth as I could have ever hoped. With the custom smart contract templates, the possibilities are litteraly endless. One could easily set up tennant/landlord agreements, contractor agreements, owner financing, etc. The only frustration I experienced was where the ultra-efficiency of BitBay met the clumsiness of the county’s recording system. I can also see how there would be other roadblocks with various real estate industry middlemen (i.e. title companies) that have not adapted to this advancement in technology. I look forward to seeing all components of real estate transactions placed onto the blockchain in the future. One other aspect that I could see posing an issue is government regulation. The US federal government currently classifies cryptocurrency as property, requiring citizens to pay capital gains taxes on both cryptocurrency and real estate. In my case, if I were to convert the profits from my land sale to US Dollars, I could be potentially taxed (15-20%) for both the sale of the land and the “conversion of currencies”. If this changes, transactions like this will be much simpler and more cost effective to complete. Until then, I will continue to long term hold my Bay currency and use this amazing platform called BitBay.

In a nutshell, here are several of the many features that make BitBay smart it so unique:

Double Deposit Escrow – both parties have to put money in the deal, and if anyone backs out, both parties lose. This creates a synergistic relationship between both sides, and automates enforceability of the contract.

Dynamic Rolling Peg - The automated control of supply and demand. This keeps the currency stable, so users don’t have to worry about extreme volatility during transactions. For a better understanding check this out. (This will be implemented in Q2, 2018)

Built-in wallet to the client – This is a very secure wallet, which interacts perfectly with the marketplace. There is the option for staking as well. (Web wallet is soon to be released)

– This is huge, because it allows you to easily create set your own transaction. You can use literally any currency, or none at all. You can barter…you can trade…all safely and securely knowing that the other party will fulfill their end of the bargain. The possibilities are endless.

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Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
8y

@Matt Snow  when I was a kid I would go with my Dad to his land sales.

he would buy tax sale props in rural CA  Like you did

then we would put 100 or so together.. then big add in the SF chronicle with a one day sale at a hotel by the SF airport.

CASH only  and he had all the deeds pre signed and notarized ( we was seller...)  type writer there.. ( a typewriter is this machine that you can actually stick a document in and it prints out letters and numbers) if you make a boo boo there is this thing called white out.

anyway.. buyers would show up and he would sell out all 100 properties in a day.. 

now he would buy the tax sale stuff for 100 to 200 a lot... sell them for 900 to 1900 per parcel..  buyers had him cash he hands them notarized deed with little typed instructions on how they could record it... 

that was fun times  he did this twice a year in this method.

See this reply in the discussion

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  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    8y

    There are a lot of people talking about this stuff like it is the gospel.

    I think before mass acceptance if it ever happens will be a long,long way off. Tech geeks might be early adopters but people need to remember a lot of property owners are middle to older in age. You give them something complex and different from the way they have always done it and most say (no thanks).

    I see the traditional way of transacting staying around for a very,very long time.

    Most people like to keep their lives simple and do not find enjoyment in complex instruments.

  • Lender · Tyngsboro, MA · Member since 2009 · 3k+ posts · 2k+ votes
    8y

    @Matt Snow, you are saying this has the potential to eliminate the title companies, however, from the buyer's side, how does the buyer search title, potentially clear up some issues, and buy title insurance?  From the seller side, I see a smooth path, but from the buyer side, trusting the seller that title is clear is a huge hurdle.  Or am I missing something?

  • Rental Property Investor · Santa Cruz, CA · Member since 2016 · 39 posts · 25 votes
    8y

    @Joel Owens Very well said. These new ideas are big, but are by no means perfect. There are so many obstacles and risks to achieving them, and it could easily take a couple generations before this gains mainstream acceptance. 

  • Rental Property Investor · Santa Cruz, CA · Member since 2016 · 39 posts · 25 votes
    8y

    @Ann Bellamy A very good question. That is one of the largest hurdles to the seamless functionality of a system like this. So far there have only been a couple organizations around the world working towards a solution. 

    One of the methods that is being tested in the US is the tokenization of property titles. 

    With this method, each property deed is represented by a token, which can be transferred via blockchain. Each conveyance would be publicly verified by everyone in this network, making it extremely secure, accurate, and immutable. For the tech-oriented people out there, see: byzantine fault tolerance. 

    This is all great on paper, however there is still a massive challenge in accurately assigning a token to each existing property and its respective owner. The correct chain of title would have to be verified by either the county or a title company as it's assigned, in order to provide a correct representation of each token. Once the process has been fully developed and refined for this token assignment, it will become much easier for counties to integrate their records with this system. 

    So, this accurate transfer of recording systems (either through tokenization or other means) must happen first before a buyer can securely purchase a property knowing it has a clear title, without the need for title insurance or use of a title company.

  • Lender · Tyngsboro, MA · Member since 2009 · 3k+ posts · 2k+ votes
    8y

    Thanks for your input, a large hurdle indeed.  Not to mention public and court acceptance, of bypassing a land record system that dates back hundreds of years.  

  • Investor · Morrisville, NC · Member since 2012 · 1k+ posts · 673 votes
    8y

    @Matt Snow This is indeed shaping up to follow the lead of the dotcom years. Amazon, EBay and a few others survived and became new giants, while sending some traditional retailers (Barnes and Noble, Sears, ...) in a tail spin. 

    Technologically, the idea of blockchain is a stroke of genius and the concept of disrupting traditional industries is very appealing to the masses. 

    I see tons of advantages in Real Estate, especially with the availability of RE data (currently owned by a few such as CoStar, zillow) and the massive fee structures incurred via all the middle men. 

    There will be tons of challenges on the Legal side as well as Government and of course the Financial Powers. 

    I believe that sorting out these Smart Contracts will be a legal nightmare. Enforcing them will still require a final Authority. 

    But the education of the masses will really slow the adoption of this down. It took a long while for people to get onboard with some aspects of the Internet (my parents still don't trust email). Blockchain is 100 times more complicated to understand.  I don't even know where to start, when trying to explain crypto currency to anyone, let alone telling them that they could turn their home into some "internet currency", sell a fraction of it,  use it to buy goods in some other countries ... 

  • Multifamily Syndicator · Houston, TX · Member since 2016 · 1k+ posts · 2k+ votes
    8y

    @Matt Snow Cryptocurrency sure does have a major role to play in the future, and certainly in real estate. 

    As you already discussed, the fraud and theft associated with some of these currencies continue to be a major concern for a lot of people, resulting in the reticence of mass adoption. 

    All in all, whether we like or not, bitcoin and a few cryptocurrencies will survive and become a part of our life, as Facebook and Google has become. 

    Great post Matt! Thanks! - Ola 

  • Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    8y

    @Matt Snow , fascinating. I wrote a post 3 or 4 years ago, wonder if bitcoin can be utilized in real estate. It's interesting to see it happen. 

    So, if you can't really take your bitcoin out of the wallet, can you utilize it to buy another property with bitcoin and sort of get it out that way? Like a 1031 exchange?

  • Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    8y

    So, where do you actually go to find listings of real estate that is offered that way? I've been googling, but haven't found a site

  • Rental Property Investor · Santa Cruz, CA · Member since 2016 · 39 posts · 25 votes
    8y

    @Henri Meli Yes, there are many similarities to the .com era with this.

    One thing I find interesting is how relatively fast this progression is evolving, since we already have the internet in place today. It may take a slightly shorter amount of time for people to become aware of it, simply the because any new information is shared instantly with the world as soon as it happens. Even people in a 3rd world country with a cell phone can educate themselves : ) As the tech inevitably becomes more user friendly, and the general public slowly becomes familiar on basic functions of it, we will see growth and adoption. 

    It will be very interesting to see government regulation develop around this as well, as you mentioned. There are some specific areas of that really need regulation (ICO's, exchanges, market manipulation etc.), while other areas (i.e. smart contracts) need the freedom to innovate and evolve without restriction.

  • Rental Property Investor · Santa Cruz, CA · Member since 2016 · 39 posts · 25 votes
    8y

    @Michaela G. I was just reading your other post from a while back, there are some very interesting conversations in there : )

    To my knowledge, with this new US tax bill in effect, 1031 exchanges are no longer a gray area or loophole for cryptocurrency. It has been determined that this like kind exchange can exclusively be used for real property, which excludes all cryptocurrency. So only classic "real estate to real estate" transfers now qualify.

    Buying a property with bitcoin is still fully possible (and has been done), you would just be responsible for capital gains on the bitcoin as soon as it leaves your hands (assuming it has increased in value while you held it) 

    As always, please triple check with a CPA/attorney, as this is just my 2-cents : )

    To find listings of real estate with smart contracts using the method in the original post on this thread, you would have to download BitBay's free decentralized client software, which you can find here. (note: they will be releasing a website-based marketplace at the end of Q2, 2018) Right now, there has only been one property listed and sold on this platform, and completing that transaction was not without a TON of risk. 

    There are currently many other smaller items listed for sale there though, all using smart contracts. 

  • Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    8y

    i would think it would be a smart move by a national title company to jump in and offer their title search and insurance for those blockchain transaction. It would eliminate some of the risk for the buyer.

  • Investor · Morrisville, NC · Member since 2012 · 1k+ posts · 673 votes
    8y

    @Michaela G. There are lots of players in the real estate market. Many of them are making it sound as if they are already operating, but in reality there are still going through ICO. RentBerry is currently operating in the rental market as we speak. You can view their website and access their listing. 

    @Matt Snow . I believe a lot of the big companies that missed on the dotcom frenzy have jumped on this bandwagon very very fast. I was looking at the website of one of my former employer (IBM) and realized, they have already successfully deployed infrastructure where these can be deployed. The IBM Enterprise Blockchain platform was released a few months ago. As far as governments adoption, I was talking to a few friends who made some good points. Knowing how many in our government love the $$$, just dangling a few $$$ will make them sign anything anyways. The biggest issue will be how people understand and relate to these things in their day to day lives. I've been in the software world for 20+ years, I struggle to keep up with some of the new terminology, acronyms, concepts. How will John Doe understand what a smart contract is? What the Eutheneum is? How will lawyers figure this thing out? How about realtors? I feel that the only people who really get it are the folks working on it daily. How will people deal with this, when something goes wrong?

    I feel that 2018 will be the year of craziness around it (trying to see how many ICOs are already scheduled for 2018, looks like some crazy number). And we know that every craziness if followed by a massive crash ... 

  • Jacksonville, FL · Member since 2011 · 29 posts · 7 votes
    8y

    Is there a blockchain solution for raising private money for deals? I've explored creating a coin, but I don't see a way around it being called a security.

  • Investor · Morrisville, NC · Member since 2012 · 1k+ posts · 673 votes
    8y

    @Ray Morris Jr. Is this what you are looking for? If not,  Could you be more specific with the question? Yes, anyone can create their own coin. There is a project that allows you to create you own coin, if you wanted. It is called CoinLaunch. There is quite a number of hurdles, however to do it right and protect yourself properly. As you can imagine, this is the "new gold" and everyone will be on it soon. Good luck. 

  • Jacksonville, FL · Member since 2011 · 29 posts · 7 votes
    8y

    Yes, but I'm wondering how we will be able to structure it and not have called a security.

  • Investor · Morrisville, NC · Member since 2012 · 1k+ posts · 673 votes
    8y

    @Ray Morris Jr. . A security is currently reserved for vehicles such as stocks, which have been around for a long time and are very well regulated. There are very clear rules around securities. That's why the SEC exists to act as the watchdog and ensure that both the owners and the consumers are protected.

    The world of cryptocurrencies is still the wild wild west. Most of the companies involved are still startups and as discussed, most of them hope to be bought later by the winner. When you issue a cryptocurrency, you are NOT issuing ownership in your business. You are issuing basically a speculative object, whose value will be determined in the future mostly by speculation of adoption. If your cryptocurrency will be used in the future, the value is likely to increase. In general, cryptocurrency does NOT grant voting rights to the owning entity, ownership or even dividends. The value of the currency is not linked to the financial performance of the owning entity. They all go through an ICO to raise seeding capital. An ICO (Initial Coin Offering) is generally done as a method of initial financing. ICOs are not regulated either and it is whatever the legal owners want to do. In general they will give you incentives to "invest" early by setting bonus schedules. Companies issuing cryptocurrencies do NOT have to share any financial statements. So, nobody knows what they are doing, how they are doing. Are they making money? Is their business viable? efficient? or is it s money pitt?  The owners can take the money and walk away at anytime. (has already happened) and good luck in court getting your money back.  

    In other words, in comparison to securities, there is a much higher systemic risk associated with cryptocurrencies. If you ever wanted to buy these currencies, make sure you don't spend your lunch money on it ... because it could be gone in an instant and there is no way for you to get it back. 

  • Jacksonville, FL · Member since 2011 · 29 posts · 7 votes
    8y

    Henry, I want to be the guy collecting and using the cash to buy properties. I think ths SEC currently considers these coins securities which defeats my purpose of decentrilization 

  • London · Member since 2019 · 722 posts · 386 votes
    7y
    Originally posted by @Ray Morris Jr.:

    Henry, I want to be the guy collecting and using the cash to buy properties. I think ths SEC currently considers these coins securities which defeats my purpose of decentrilization 

     That is the way the SEC views security tokens.

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