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?
