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B-202684 1 (1981-10-19)

handle is hein.gao/gaobadjvd0001 and id is 1 raw text is: 
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B-202684


MATTER 0


DIGEST:


F:


DATE: October 19, 1981


Martin Wood - Relocation expenses - Closing
costs paid by seller


Employee claims closing costs arising from
purchase of home in Montgomery, Alabama,
incident to transfer. Agency questions
whether claim may be paid, since purchase
agreement placed liability for closing
costs on seller and settlement sheet shows
that closing costs were paid from seller's
funds. Employee argues that closing costs
were included in sales price, but did not
provide statement to that effect from seller.
Since employee has not shown that both buyer
and seller regard costs as having been paid
by buyer, claim may not be allowed.


     D. E. Cox, Authorized Certifying Officer, Federal
Bureau of Investigation (FBI) requests our decision whether
closing costs paid by the seller may be reimbursed to a
transferred employee who purchased a house, where the seller
has not provided a statement that the closing costs were
included in the sales price of the house. Our holding in
Philibert A. Ouellet, B-200257, August 18, 1981, is control-
ling, and the employee may not be reimbursed for the reasons
set forth below.

     Mr. Martin Wood, an employee of the FBI, claims reim-
bursement for $1,833.50 of the closing costs paid by the
seller of the residence that Mr. Woods purchased in
Montgomery, Alabama, incident to his transfer to that city.
The certifying officer questions whether the reimbursement
is authorized in the absence of documentation to show that
the closing costs were clearly separable from the purchase
price and paid by the buyer. In particular, he notes that
under the purchase agreement the seller is liable for closing
costs and the settlement sheet indicates that the closing
costs were paid from the seller's funds.

     Mr. Wood has submitted a memorandum in support of his
claim. He states that the settlement sheet does not reflect
what actually happened. He notes that he obtained a Veterans
Administration (VA) loan, and alleges that when a VA loan


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DECISION


FILE:


TH E COMPTROLLER GE NERAL
OF THE UNITED BTATES
WASHINGTON. 0. C. 20548
                    /¢7y 04

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