Reply To: Getting NIE before going to Notary

#67064

Anonymous
Participant

Well I practise in the south of Spain, and Notaries do require NIE numbers at completion so as to include them in the file at completion. But then, almost all my clients have mortgages, so obviously as has been said above the banks themselves require this as well.

I really don’t undertstand all this fuss around the NIE number. Mortgage or no mortgage you should have the NIE number before completion. This is how the lawfirms I’ve worked for have done it and it is only common sense although this is a sense which seems to be seldomly common. I’ll illustrate this with an example.

Example.- Mr Lightheaded decides he does not need to apply for a NIE number beofre completion for what ever reason and he is buying a resale from a lovely elderly couple, the Welsh, who beeing British like him make them 100% trustworthy. Very foolish, but fair enough.

Mr Lightheaded completes at the Notary to the dismay of his poor spanish abogado because as I posted, the Notary only requires your passport as a means of identification not the NIE number which will be used to file taxes associated to the purchase and forever since.

Mr Lightheaded now decides it is time to apply for the NIE number, after completion, despite his spanish lawyer telling him to do so from the onstart, 5 months ago, because it is neccessary to pay taxes in Spain. But he read in some forum that you had 30 days after completion to pay your taxes, so he could obtain the NIE number within those 30 days and then pay his taxes within said deadline.

Mr Lightheaded not trusting his “dodgy” spanish abogado after all those horrible stories he has read in the UK media decides to do it himself. So off he goes an applies for it at the Police Station. They inform him it will be ready in 3 weeks. Fantastic he thinks. I’ve saved myself 200€ in not paying the lawyer/gestoría and I have done it myself, so satisfied he goes down to the pub for a pint or maybe two.

In the meantime, unbeknownst to him, time has started running out. Mr Lightheaded or his lawyer have 10 days in which to pick up the Title Deed at the Notarys, pay the taxes associated to the purchase at Hacienda and then registering the Title Deed with the receipts of having paid the taxes at the Land Registry.

Meanwhile the Welsh have been busy selling the very same property to the Schmofenwalds, a lovely german couple. This couple have a very sharp spanish lawyer and has applied for the NIE number of the couple months ago. After a week, when the Title Deed is ready to pick up at the Notary, our sharp young lawyer pays the taxes, files them and has the property registered under the name of the Schmofenwalds.

Mr Lightheaded in the meantime has let three whole weeks pass by and goes to pick up the NIE number at the local Police Station. He pays his taxes, he files them thinking he is still within the 30 days period after completion to file and pay his taxes and goes to the Land Registry to register his property thinking he has outsmarted his “dodgy” spanish lawyer.

But he is in for some very nasty surprise, because the property, the very one he bought from his countrymen, the adorable elderly couple Welsh, have double saled the property after they sold it to him. And what is worse is that the Schmofenwalds have inscribed the property under their own name before him thanks to their sharp young spanish lawyer.

For not having heeded his lawyer’s advise thinking he knew better Mr Lightheaded has now lost this property and there is nothing he can do about it legally, not even sue the Welsh, because the Welsh happen to be now living luxuriously in Zambia off the money of their double sale laughing all the way to the bank.

Almost true story, names have been changed.

When a Spanish lawyer tells you to have a NIE number at completion do so and stop acting as if you know better. Just my advise.