Maurice Phillips | Wisenberg

Maurice Phillips | Wisenberg What's important to you? We care about that. Professional legal advice with a personal touch.

Did you know? SARS can place a hold on your property transaction. The Deeds Office will not register a transfer without ...
04/06/2026

Did you know? SARS can place a hold on your property transaction. The Deeds Office will not register a transfer without a valid transfer duty receipt from SARS. If the return is submitted incorrectly, payment is made late, or either party has unresolved tax compliance issues, SARS may delay issuing the receipt. In some cases, SARS may also query the declared purchase price and request supporting documentation before releasing the receipt.

Our conveyancers ensure that the transfer duty submission is addressed as soon as the offer to purchase is signed: https://tinyurl.com/mu4fpjj7

01/06/2026

The offer is signed. The price is right. But is your property transfer-ready? In Cape Town's active market, transfers can stall because of compliance gaps that weren't addressed in time. Ask yourself: - Are your compliance certificates current? (Electrical, gas, plumbing, beetle) - Is your municipal account up to date with no outstanding queries? - Are your building plans in order? - Is your F**A documentation current? Sorting them out beforehand gives you and your buyer certainty.

Speak to the MP|W conveyancing team to transfer with confidence: https://tinyurl.com/mu4fpjj7

Property and construction disputes can attract attention far beyond the parties involved. Allegations around delays, def...
25/05/2026

Property and construction disputes can attract attention far beyond the parties involved. Allegations around delays, defects, or contractual disagreements may affect contractors, developers, and investors long after the issue is resolved. Confidential settlement clauses allow parties to resolve disputes while limiting unnecessary public exposure. When drafted properly, these provisions protect commercial relationships and provide clarity on what information may be shared.

In sectors where reputation carries weight, the terms of settlement matter as much as the outcome. https://tinyurl.com/5btps75r

21/05/2026

You may have the right property and structure in place, but lenders assess loans very differently depending on who is borrowing. In 2026, banks are applying tighter scrutiny, with trusts often facing more hurdles than companies. Companies may see faster approvals as lenders assess the entity’s income, while trusts are usually viewed as higher risk and often require personal guarantees from trustees. This doesn’t mean trusts are the wrong structure. It simply means financing should be considered before committing to it.

Talk to us about your options: https://tinyurl.com/3xhfzuyk

The voetstoots clause allows a property to be sold “as is,” but it does not protect a seller who knowingly withholds inf...
18/05/2026

The voetstoots clause allows a property to be sold “as is,” but it does not protect a seller who knowingly withholds information about a defect. South African law has long required honest disclosure where a seller is aware of a material problem. If a buyer can show that a defect was known and deliberately not disclosed, the seller may face legal action. This can include a claim for damages or, in some cases, setting aside the sale. The courts have confirmed this principle in several decisions, including Le Roux v Zietsman (SCA 2023).

For sellers, the safest approach is clear and documented disclosure before the offer to purchase is signed: https://tinyurl.com/3xhfzuyk

South African courts apply suspensive conditions exactly as written. If the wording is not met, the agreement lapses. Fo...
14/05/2026

South African courts apply suspensive conditions exactly as written. If the wording is not met, the agreement lapses. For example, a clause requiring approval for R2,000,000 cannot be satisfied by approval for R1,850,000, even if the buyer can cover the shortfall. This is why precise drafting matters. The clause should clearly state the required amount, lender type, proof of approval, a realistic deadline, and the buyer’s right to waive in writing with proof of funds. As cases like Marais v Kovacs Investments show, courts will not correct vague wording. This is where experienced conveyancing makes the difference.

Speak to our team: https://tinyurl.com/3xhfzuyk

Under the Companies Act 2008, material changes to share capital, voting rights, or governance during a funding round req...
11/05/2026

Under the Companies Act 2008, material changes to share capital, voting rights, or governance during a funding round require a special shareholder resolution and an amendment to the Memorandum of Incorporation. The update must be lodged with CIPC within 10 business days. In the Western Cape property sector, including developers, REITs, and sectional title schemes, outdated MOIs are increasingly delaying transactions just as investment activity rises. The risk goes beyond delay. Improperly issued shares can be challenged, and penalties may follow.

At MP|W, we review MOIs before funding rounds to ensure the structure supports the deal: https://tinyurl.com/3mp7ck9w

07/05/2026

Most shareholder disputes do not start with bad intentions. They start when circumstances change and the agreement never anticipated the fallout. In South Africa, the MOI sets the framework of a company, but the shareholder agreement governs the real relationship between owners. When that relationship breaks down, the clauses in that document suddenly carry enormous weight. The question is simple: will the agreement stabilise the company or escalate the dispute?

Read more: https://tinyurl.com/ytz6x2fp

A settlement agreement only works if it is drafted carefully. Without prejudice privilege can be compromised through car...
04/05/2026

A settlement agreement only works if it is drafted carefully. Without prejudice privilege can be compromised through careless wording or mixed communications. Payment terms should include enforceable protections such as suretyships or acceleration clauses to guard against default. Confidentiality provisions also need clear remedies to hold up in South African courts. At MP|W, we structure settlement agreements that resolve disputes properly and stand up to scrutiny.

Speak to our team before committing to terms: https://tinyurl.com/3mp7ck9w

01/05/2026

Work takes many forms across South Africa, but every contribution matters. Workers’ Day gives us a chance to recognise the effort behind the scenes that keeps businesses and communities moving.

However you spend the day, we hope it brings a moment to slow down and enjoy the break.

Address

2 Long Street
Cape Town
8001

Opening Hours

Monday 08:15 - 16:45
Tuesday 08:15 - 16:45
Wednesday 08:15 - 16:45
Thursday 08:15 - 16:45
Friday 08:15 - 16:45

Website

Alerts

Be the first to know and let us send you an email when Maurice Phillips | Wisenberg posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Practice

Send a message to Maurice Phillips | Wisenberg:

Shortcuts

Share

Category