1) Yea, liquidity is an issue. This approach lets the user choose between liquidity and ease of user. Timeframes can be adjusted to balance things out.

2) As long as the timelock has not yet expired, the funds can only be swept by the payer. As soon as it does, both parties can claim them (no exclusivity). Funds become unrecoverable if both parties loose their keys

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Nice! That is much better for the sender.