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B-188527 1 (1978-01-26)

handle is hein.gao/gaobadfow0001 and id is 1 raw text is: A)4 /*xtC 3 4~~ -THEr COMPTROlLRu GEmmEPIAL flF THIE UNITISal STAT&UB WAS HING9TDN. 3. C. .2054r3 DATE; January 26, 1978 MATTER OF: George C. Swons - Real Estate Brokers' Columission Where transferred employee paid 7 percent real estate brokers 1 commission to firm because it advertised rs'clonally and FRA data showed that 6 percent was prevafling real estate commission rat(: in area, em- pleyee may not be reimbursed in excess of 6 percent. FNA data creates presumption that must be rebutted by employee. Here, letter from broker does not overcome the presumption. Mr. George C. Symons has requested recousideration of our Claims Division Settlement Certificate Z-2584499, issued June 17, 1976, disallowing his claim for a 7 poreat real estate commission, instead of the 6 percent for which he was allowed reimbursement when he sold his home at his old duty station incident to his transfer. For the reaaons stated below, the disallowance of Mr. Symons' claim sustained. Mr. Symnns, an employee of rhe Small Business Administration (SBA), was transferred from Abilene, Texas, to leios Angeles, Cali- fornia, reporting to hi.s new duty station or, .uly 8, 1974. At settlement for the sale of his home in Abilune ,rn January 2, 1975, he paid a r-,1 estate commission of 7 percent or $3,115, to the Gold Key Company as the broker that handled the sale, Mr. Symons' claim was allowed only for a 6 percent comission because SBA found that that was the rate generally charged by brokers in chat area. Our Claims Division disallowed Mr. Syions' claim for the additional 1 percent on the same basis. . In requesting reconsideration, Mr. Symons A'rluded a letter from the Gold KJy Company, which states, in per u..Ant part, that: As of June 1, 1974, we raised our commission fee to 7% of the property selling price. Since that date we have taken all listings at 7%, and the majority of the local firms are also now at that figure. 4.---' DIGEST: E8CISI1N FILE: B-188527

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