Terms of Engagement

The terms below describe the standard agreement between Malko Conveyancing and our clients for each conveyancing matter. The version provided to you when you engage us will be personalised to your specific matter — property address, fee, settlement date, signature blocks — and we'll walk you through it before you sign.

1. Our Services

We provide conveyancing services for purchase, sale, off-the-plan, auction, transfer, and related matters in NSW. The scope of our services for each type of matter is set out in detail in the engagement document.

For Purchase matters, the standard scope includes: reviewing the Contract for Sale and advising on its terms; conducting searches and enquiries; advising on cooling-off rights; attending to exchange of contracts; liaising with your lender and broker; attending to stamp duty assessment and payment; conducting Verification of Identity; conducting pre-settlement inspection arrangements; attending settlement through PEXA; attending to registration of the transfer and discharge of any existing mortgage; providing a final report on settlement.

For Sale matters, the standard scope includes: preparing the Contract for Sale, including disclosure documents; obtaining required certificates (Section 10.7 Planning Certificate, drainage diagram, others as required); liaising with your selling agent; attending to exchange of contracts; coordinating discharge of your existing mortgage; conducting Verification of Identity; attending settlement through PEXA; providing a final report on settlement.

For Transfer matters, the standard scope includes: preparing transfer documents; advising on stamp duty and any applicable exemptions or concessions; coordinating with your accountant or other advisers as required; conducting Verification of Identity; lodging the transfer through PEXA or directly with NSW Land Registry Services.

2. What Is Not Included

Our fixed fee does not cover:

• legal advice on matters outside the scope of conveyancing (such as family law, taxation advice, or commercial disputes)
• representation in court or tribunal proceedings
• work arising from your default or your failure to provide instructions or documents in a timely way
• significant changes to the scope of work after engagement (we will advise you and quote separately if these arise)
• third-party costs (disbursements — see Section 4)

3. Our Fee

Our fee for each matter is a fixed fee, inclusive of GST, quoted to you upfront before engagement. The fee will not increase unless:

• the scope of work changes materially (for example, the matter becomes contested, or additional title issues are discovered), in which case we will inform you in writing before any additional work is performed and obtain your agreement to any additional fee; or
• you instruct us to perform work outside the scope described in Section 1.

4. Disbursements

In addition to our fee, you will be responsible for third-party costs ("disbursements") incurred in the course of your matter. These are passed through at cost with no markup.

Typical disbursements include: title searches and other searches; Section 10.7 Planning Certificate; drainage diagram; PEXA settlement fee; registration fees with NSW Land Registry Services; bank cheque fees (if applicable); Verification of Identity; stamp duty (calculated separately based on the property value).

A full estimate of disbursements specific to your matter is set out in the engagement document we provide before you sign.

5. Payment Terms

Payment terms are set out in your engagement document. We will discuss these with you before you sign.

6. Trust Account

Where money is held on your behalf during a matter (for example, deposit monies), it is held in accordance with the requirements of the Conveyancers Licensing Act 2003 (NSW). Details specific to your matter are set out in the engagement document.

7. Your Authority

By signing the engagement document, you authorise us to:

• act on your behalf in this matter
• communicate with third parties as needed (the other side, real estate agents, mortgage brokers, lenders, accountants, government bodies)
• conduct searches and obtain certificates
• sign and lodge documents on your behalf where you have given specific authority to do so
• deduct our fees and disbursements from any settlement proceeds we hold on your behalf

8. Verification of Identity

Under our professional obligations, we are required to verify your identity before acting in your matter. We will arrange for VOI to be conducted either in person at our office, through a VOI agent, or through Australia Post.

9. Communication

We communicate with you primarily by email and phone. Please let us know if you have a preferred method or specific times of day that suit you.

We aim to respond to all client communications within one business day. For urgent matters, please call us directly.

10. File Retention

We retain matter files for a minimum of seven (7) years from the completion of the matter, in accordance with the requirements of the Australian Institute of Conveyancers (NSW Division) and NSW Fair Trading.

11. Privacy

Personal information you provide is handled in accordance with our Privacy Policy.

12. Termination

Either party may terminate an engagement by written notice. If you terminate, you remain liable for our fees and disbursements for work performed up to the date of termination. If we terminate (which we will only do for good reason, such as a conflict of interest or non-payment), we will provide reasonable notice and assist with the transition to another conveyancer or solicitor where appropriate.

13. Complaints

If you are unhappy with any aspect of our service, please raise the issue with Tanya Kats in the first instance. We will acknowledge your complaint within 7 days and aim to resolve it within 30 days.

If your complaint cannot be resolved internally, you may refer it to:

• NSW Fair Trading: 13 32 20 / fairtrading.nsw.gov.au
• Australian Institute of Conveyancers (NSW Division): (02) 9633 1355 · admin@aicnsw.com.au · aicnsw.com.au

14. Professional Indemnity Insurance

Malko Conveyancing holds Professional Indemnity Insurance as required by NSW Fair Trading.

15. Liability

Liability limited by a scheme approved under Professional Standards Legislation.

16. Governing Law

This engagement is governed by the laws of New South Wales.

The actual engagement document, including signature blocks and your specific matter details, will be provided to you before any work begins. If you'd like to see a copy of the standard form before engagement, please contact Tanya.