# Does a power of attorney need an nie no. to sign for a house sale? and 3% retention



## frostydog (Jun 17, 2008)

hi, wondering if you can advise. Hopefully we have sold our lovely house in dehesa de campoamor (at a major loss! of 100k but we have no alternative!!) 

The deeds are in the name of my partner and he has an nie no. (obviously needed one to buy it) He has given me POA to complete the sale etc at the notary because there is no way he can get time off work to do so. 

My question is...do i have to have an nie no. to do this (i dont have one) as i am acting on his behalf?

My second question is regarding the 3% retention, we have lost 100,000 euros on what we paid for the house it seems so unfair to have to pay this retention when we are making such a loss ...is there anyway to avoid this in this scenario? would be most grateful for your advice. 
many thanks in anticipation.
charlotte


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## Suenneil (Feb 17, 2009)

frostydog said:


> hi, wondering if you can advise. Hopefully we have sold our lovely house in dehesa de campoamor (at a major loss! of 100k but we have no alternative!!)
> 
> The deeds are in the name of my partner and he has an nie no. (obviously needed one to buy it) He has given me POA to complete the sale etc at the notary because there is no way he can get time off work to do so.
> 
> ...


Hi Charlotte

Am I assuming you arent using a Lawyer for this sale ? because if you are they should be able to answer these questions for you.

If you arent using a Lawyer then I would ask you to consider it ...

Irrespective .... the 3% retention HAS to be paid on the day of the sale/transfer - however, if you have made a loss on the property and no gain obviously, then you can apply for the refund of the 3% afterwards (again a Lawyer can apply for this refund on your behalf ).

The Law has recently changed in respect of the need for NIE in these situations, one of my colleagues has just advised me that now anyone (even with POA) completing on a sale must have NIE. However, given the variances between who adheres to this new rule ... he suggests you speak in advance to the Notary who is completing on the sale to get confirmation of this (sometimes the notaries and land registry are "flexible"!!)

Sue :ranger:


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## Guest (Sep 3, 2009)

Suenneil said:


> Hi Charlotte
> 
> Am I assuming you arent using a Lawyer for this sale ? because if you are they should be able to answer these questions for you.
> 
> ...


"Flexible" - I like that usually inconsistant comes to mind and out of my mouth! - It is incredible how requirements can change from one official to another. What is worse is when you have Notaries telling you no you don't need X (or even worse they can't provide you with X) and the Registry is telling you you need it.

James


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## Suenneil (Feb 17, 2009)

JamesSalobrena said:


> "Flexible" - I like that usually inconsistant comes to mind and out of my mouth! - It is incredible how requirements can change from one official to another. What is worse is when you have Notaries telling you no you don't need X (or even worse they can't provide you with X) and the Registry is telling you you need it.
> 
> James


Hi James

I know exactly what you mean  Im always conscious when telling someone something relating to the laws here - it may be all well and good that the firm I work for follows the current laws - but it doesnt always follow that others will. So I try where I can to get them to follow it up themselves and not take what I say as "red"!!

Im on this forum as me ... and sometimes reluctant to comment on stuff thats related to my work .... but provided its general information and not actual legal advice then Im pretty safe I think


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