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B-184869 1 (1976-09-21)

handle is hein.gao/gaobadcyr0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DIECISION ~OF THE UNITED STATES WASHINGTON, .0 . 20548 (';T r FILE: B-184869 MATTER DIGEST: DATE: - 1 OF: Robert A. Benson - Real Estate Expenses - Attorneys Fees Before transferred employee succeeded in selling residence at old duty station, he had entered into three contracts for sale of same property that were not consummated due to inability of purchasers to obtain financing. Employee may not be reimbursed for expenses associated with preparation of those contracts because it is duplicative of cost of contract that resulted in the sale. Cost of incompleted contracts is analogous to loss due to market conditions, which is not reimbursable. By letter of June 10, 1975, D. F. Sloan, an authorized certifying officer of the Drug Enforcement Administration, Department of Justice, requested a determination as to his authority to pay Mr. Robert A. Benson for certain legal expenses incurred incident to the sale of his former residence. Under a travel authorization, dated April 22, 1974, Mr. Benson was transferred from New York, New York, to Nogales, Arizona. Because he was unable to sell his residence at his old duty station prior to reporting to his new duty station, he retained an attorney to protect his interests relating to the sale of his home. Apparently due to the condition of the mortgage market, three contracts for the sale of Mr. Benson's home were executed and cancelled because the purchasers could not obtain financing, before the fourth, successful, contract was signed. Settlement on the sale of Mr. Benson's former residence was held on September 20, 1974. At that time, Mr. Benson paid a real estate sales commission of $2,760 to Jean Venn Real Estate. The record does not indicate whether Jean Venn was Mr. Benson's agent and the listing broker, or was merely an agent who brought the buyer to the property. In addition, Mr. Benson's attorneys sub- mitted a bill for legal services in the total amount of $800. The bill is broken down into four parts.. The first three relate to the three attempted sales of the property. Each of the three is for the negotiation and preparation of the contract of sale, cad f I / p 'p

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