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Sunday, March 11, 2007
Icaru
Parcela
I'm in Kalkan Turkey
I've made 14 posts
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In April 2005 we paid the deposit on an off-plan apt. Our lawyer told us
in person that he could get our NIE numbers with the Power of Attorney we gave
him (one year ago).
Months passed. On Jan 30 of this year I emailed him asking if he got our
NIE numbers as our apt in the final stages of completion. His response informed
us of the new law stating that people must now apply in person or through
Spanish Consulates. Moreover, his email wrongly informed us that we could get
the NIE number AFTER signing the Title Deed. He said this knowing we would be
applying for a loan that we cannot get with the NIE, and knowing that we are
non-EU nationals living far away from Spain.
After receiving his email,
I researched the Internet and realized that we must have the NIE to complete the
financing and the purchase. The developer is in the initial snagging stage,
has already applied for the Licence of First Occupation. They are hoping to
begin completion at the end of March. We are in Mexico until well after the
completion date.
After learning that we have to have the NIE, we drove the 4 hours to Mexico
City to deposit the application with the Spanish Consulate on March 3. We were
told it would take at least 60 days to get the NIE, meaning end of April or
early May. The developer will certainly expect us to complete before
then.
We believe our lawyer is responsible for
1) not informing us in a timely fashion that he did not obtain our tax
numbers, and
2) misinforming us in an email about the need for the NIE prior to
completion.
What should we do to deal with this problem? Do we have any
rights in this matter? Should be try to sue our solicitor himself?
This message was last edited by Icaru on 3/11/2007.
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11 Mar 2007 5:59 PM
FibbyUK
** EOS Superstar **
I'm in UK, Surrey & Playa Flamenca, Costa Blanca
I've made 2015 posts
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Hello Icaru,
I have not seen you on EOS before, so welcome!
You are quite correct, you must have an NIE number to complete on our purchase.
It sounds as though your lawyer had every good intention to get the NIE number for you, but the new legislation had been brought in since. (I am not sure what date the new rule came into force)
However, I do find it incredible that your lawyer was unaware of the need to have the NIE number in order to complete the purchase!
I am not a legal person, but we have a very nice lady called Maria de Castro as one of our members, who will reply to you on this point I am sure.
Kind regards,
_______________________
FibbyUK
http://www.payingtaxesinspain.pwp.blueyonder.co.uk
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24 Mar 2007 1:38 PM
HAWKINGS111
Ático
I'm in La Zenia. Spain.
I've made 155 posts
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Hi Icaru.
Sueing your lawyer will take time and money. Quite honestly if the developer says they are ready to complete at the end of March, i would explain the situation to them and say you will be able to complete when you receive your N.I.E number which will be in a few weeks time. I am sure even though they could keep your deposit, they would not want to lose a sale for the sake of a few weeks, so dont lose too much sleep over it.
Bob.
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 Now Retired. Bob and Pauline.
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30 Apr 2007 12:27 AM
steverayner
Studio
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Hi, I need some info on NIE numbers, if anyone can help pls.. Myself and my husband got an NIE no., about 18mths ago but have lost it, does anyone know where or who we can contact to get to know what it is? Also my sister needs to apply for an NIE no. as she is buying a property in Mallorca, am I right in thinking that her lawyer can't apply for it on her behalf and that she will have to apply for it herself? If so, where does she apply to. ? Any info would help, cheers Celia
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30 Apr 2007 12:50 AM
JeansSis
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This message was last edited by JeansSis on 5/19/2007.
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Be respectful to other members who try to help.
There's nothing to be gained by being offensive.
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25 Mar 2008 10:00 AM
NieNumberDirect
Parcela
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I see your message is old, but will respond for the benefit of those reading it now.
If you have lost your original NIE Number certificate the only means by which you can obtain a new one is by applying for a duplicate through the National Police of Spain. This is the exact same process as the original NIE Number application. You can apply in person, or through the use of a solicitor or gestoria or through a company such as NIE Number Direct.
Many lawyers / gestorias may claim it is impossible for someone to apply for and obtain an NIE number on their behalf, this is simply untrue. Throughout Spain, there are many local branches of the National Police that chose not to allow application via Power of Attorney (the method used by lawyers and gestorias), but this is a choice made by the management of the local station, not the law. There are many branches throughout Spain that allow this, and will continue to do so.
_______________________
NIE Number Direct
Int'l: +34 952 827 764
Spain: 902 88 10 66
UK: 0844 581 1122
www.nienumberdirect.com
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