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B-196263 1 (1980-02-13)

handle is hein.gao/gaobadhzv0001 and id is 1 raw text is: 


                                       THE  COMPTROLLER GENERA
          DECISION                     OF   THE    UNITED      STATES
                                       WASHINGTON, O          C. 2O54E9




          FILE:   B-196263                   DATE:   February 13, 1980

          MATTER OF: James C. Steckbeck       Reimbursement for Real
                         Estate Expenses

          DIGEST: Employee   is not ent  led to reimbursement for real
                     estate expenses paid on behalf of buyer incident to
                     sale of his home upon transfer. Although it was
                     common for seller to pay all or a part of purchaser's
                     closing costs, such current practice had not ripened
                     into custom in locality of home, as determined by
                     HUD local or area office. Reimbursement to seller is
                     not authorized unless sellers customarily pay.
                     5 U.S.C. § 5724a(a)(44) and FTR paras. 2-6.2c and d
                     and 2-6.3c.

            Mr. James C. Steckbeck, requests reconsideration of his claim
       for real estate expenses that he incurred in selling his home inci-
       dent to a permanent change of station. Our Claims Division denied
       his claim by Settlement Certificate No. Z-2811952, August 9, 1979.

            The issue is whether a seller may be reimbursed for real estate
       expenses paid on behalf of the purchaser when it is common for the
       seller to pay such costs but the practice is not an established
       custom.

            Mr. Steckbeck, an employee of the National Security Agency (NSA)
       sold his residence in Hampton, Virginia, ipon changing his permanent
       duty station from that location to Fort Meade, Maryland. He paid at
       settle-me-nta general item characterized as Seller's Contribution of
       closing c .tus in the amount of $503. The real estate agency reported
       that in t  qampton/Newport News, Virginia, area it is not uncommon
       for the seller to pay all or a part of the purchaser's closing costs.
       Rowever, by letter of January 25, 1979, the Regional Director,
A p2)~ Department of Housing and Urban Development (HUD), Richmond, Virginia,
       reported that while typically the seller paid par or a.i of t0Ti
       buyer's closing costs in the area, the practice had not been estab-
       11shedi as a CusL~tomwhdicha2 evolved over the years. Also, the admin-
       trtiveET  iepute accdS that NSA was informed by HUD's Alexandria
       office that the frequency of the seller paying all or a part of the
       purchaser's costs was not to the extent of constituting a custom in
       Virginia.  Further, the administrative report says that the current
       practice has taken place in a buyer's market now existing in the

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