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.