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B-196517 1 (1980-02-19)

handle is hein.gao/gaobadiac0001 and id is 1 raw text is: DECISI FILE: B-1 MATTERI DIGEST: ON 96517 CATE: February 19, 1980 OF: Calvin T. Westmoreland - Real Estate Broker's Commission 1. Employee who sold condominium incident to permanent change of station may not be reimbursed 8 percent brokerage fee where HUD advised 7 percent was prevailing real estate commission in area. Information provided by HUD creates rebuttable presumption as to prevailing commission rate. Letter from broker does not rebut this presumption. 2. Federal Travel Regulations require that applicable commission rate is rate generally charged by real estate brokers in the area, not the rate charged by the particular broker used by the employee to sell his residence. If employee, to expedite sale, pays commission rate greater than that usually charged, he cannot be reimbursed for extra commission. This decision is in response to a xeques for an advance decision submitted by EdwinJ-FRot an authorized certifying officer of the Drug Enforcement Agency (DEA), Department of -- Justice. The issue presented is the propriety of reimbursing an additional 1 percent real estate broker's commission to a transferred employee. Mr. Calvin T. Westmoreland was transferred from Washington, D.C., to Brownsville, Texas. Incident to the transfer, Mr. Westmoreland sold his condominium residence in Annandale, Virginia. He paid his broker an 8 percent commission of $1,944, but was reimbursed 7 percent or $1,701 by DEA. He has claimed reimbursement for $243, representing the additional 1 percent commission. The DEA's refusal to reimburse in excess of 7 percent was based on its informal inquiry to the Department of Housing and Urban Development (HUD) regarding the customary and normal real estate commission charged by brokers in the Washington, D.C., area. HUD stated that 7 percent was the normal and customary commission. 0, wwl TH COMPTROLLER GENERAL * OF THE UNITED STATES WASHINGTON. D.C. 20548 44-t

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