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B-182850 1 (1975-07-14)

handle is hein.gao/gaobadcly0001 and id is 1 raw text is: THE CIMPTRL'LER GENERAL DE=CISION 0 OF THE UNITED STATES VWASHINGTON, D.C. 20548 FILE: B-182850 DATE: JUL 14 1975 9 Of MATTER OF: Ronald X. Arvo - Reimbursement of real estate broker's commission DIGEST: Transferred employee seeks reimbursement of full amount of 7 percent real estate broker's cotris- sion he paId when he sold his residence at his old duty station. KUD schedule of closing costs for the area showed 6 percent as prevailing rate. Employee contends that he was advised that 7 per- cent was prevailing rate, but he suLmitted no evidence in support of his position. 1UD schedule of closing costs creates rebuttal presumpti'c- of prevailing commissicn ratc, and is proper rate for reimbursemint vben there is no evidence to con- trary. Thercfcrc, in this case reimibursenmt at 6 percent rate was proper. This matter concerns a request for an advance decision subraitted by an Authorized Certifying Offiocr of the Cencral Services Adninistra- tion (GSA) recarding the propriety of reim2nbursing a greater real estate broker's coLission for a transferred em-ployee. Under the authority of GSA Travel Authorization No. 014=T058, dated November 14, 19,73, as a:cndcd January 11, 1974, 1Mr, Ronald K. Arvo was transferred frcm San Frcnciszo, California, to Ashington, D. C. Incident to this transfer Mr. Argo sold his residence in San Pablo, Contra Costa County, California. At the tmee of the sale, he paid a real estate broker'- conmmisicn of 7 percent, in the total amount of $2,275, but was reinbursed for only 6 percent or $1,950. The issue for decision here is whether the additicual 1 percent com- missior niay be renibursed. The agency's action in limniting the retibursement to 6 percent was based on a review of the Departent of Housing and Urban DevclopMnt (HD) Schedule of Closing Costs in the San Francisco District which includes C-ntra Costa County) dated Hay 1973. That schedule showed a prevailing commission rate of 6 porcent. Mr. Arvo contends that his conversations with the hestern Contra Costa County Doard of Realtors and the escrow comnany that handled the sale indicated that the pre- vailing commissiou rate was 7 percent, but no docmrintation was sub- mitted in support of that contention. 11Mr. Arvo also points out that __A

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