Case Studies

Real matters.
Real outcomes.

A selection of recent settlements — what the situation was, what we did, and how it landed. Names and identifying details changed; outcomes are real.

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20+Years NSW Experience
Purchase

First Home Buyer — Inner West Sydney

Settlement: 6 weeks

Situation

A first-home buyer found a terrace in Marrickville and had 5 days to exchange. Finance pre-approval was in place but the contract included an unusual special condition allowing the vendor to extend settlement by up to 60 days at their discretion.

What we did

Reviewed the contract same day. Flagged the open-ended extension clause as unacceptable and negotiated it down to a hard 14-day cap with penalty interest. Coordinated with the buyer's broker to lock in finance and managed the cooling-off period.

Outcome

Exchanged on day 4. Settlement completed on the original contract date with no extension required. Buyer moved in on schedule.

Off-the-Plan

Off-the-Plan Apartment — North Shore

Matter duration: 22 months

Situation

Client signed an off-the-plan contract in 2024 with a 2026 completion date. Six months before settlement the developer issued a notice varying the floor plan and reducing the apartment size by 4%.

What we did

Reviewed the variation against the contract's material change clause. Determined the reduction triggered the buyer's right to rescind. Negotiated with the developer's solicitor and secured a $35,000 price reduction in exchange for the buyer agreeing to proceed.

Outcome

Client settled at a meaningfully lower price than originally contracted, with full deposit protection maintained throughout. Now living in the apartment.

Sale

Investment Property Sale — Hunter Region

Settlement: 8 weeks

Situation

Owner selling a rental property mid-tenancy. Buyer wanted vacant possession; existing tenant had 7 months remaining on a fixed-term lease.

What we did

Worked with the selling agent and the tenant's property manager to negotiate a lease break with reasonable compensation. Restructured the Contract of Sale to provide for vacant possession at settlement with a clear pathway if the tenant didn't vacate on time.

Outcome

Settlement closed on contract date with property vacant. Vendor avoided the price discount usually attached to tenanted sales.

Transfer

Related-Party Transfer — Family Estate

Matter duration: 5 weeks

Situation

Three siblings inherited a property from a deceased parent. Two siblings wanted to transfer their shares to the third, who would buy them out at market value.

What we did

Coordinated with the family's accountant on capital gains and stamp duty implications. Structured the transfer to take advantage of available concessions for deceased estate distributions. Prepared and lodged the transfer documents through PEXA.

Outcome

Transfer completed cleanly with stamp duty minimised legally. Family relationships preserved — which on this kind of matter is half the job.

Auction

Auction Purchase — Eastern Suburbs

Pre-auction review: 2 days

Situation

Buyer wanted to bid at auction on a property they'd seen twice. Contract included a special condition requiring 14-day settlement (versus the standard 42).

What we did

Pre-auction contract review turned around in 24 hours. Negotiated with the vendor's solicitor before auction day to amend settlement to 35 days. Briefed the buyer on the building report findings and risk profile so they could set their bid limit with full information.

Outcome

Buyer won the auction within budget, settled on the negotiated 35-day timeline, and avoided the cash-flow squeeze that 14-day settlement would have caused.

Strata Review

Strata Apartment — Parramatta

Time to recommendation: same day

Situation

Buyer had paid a holding deposit on a 1990s apartment and ordered a strata report. Wanted a same-day review before the 5-day cooling-off window closed.

What we did

Reviewed the strata report and flagged three issues: a $1.2M special levy proposed for facade remediation, a sinking fund 60% below benchmark, and an active by-law dispute over short-stay letting.

Outcome

Buyer rescinded within the cooling-off period and recovered all but the 0.25% forfeit. Two months later, used Malko Conveyancing again on a different purchase that settled cleanly.

Got a matter that sounds like one of these? Book a free 15-minute call — Tanya will tell you what to expect, in plain English.

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