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B-171953 1 (1976-03-17)

handle is hein.gao/gaobaddea0001 and id is 1 raw text is: Il ,, / ,A ~ -~; -~ 1~ ~ FILE: B-1 MATTER O DIGEST: 71953 T HE C0M P T R0L L~ C- iGE rrM P. L OF THE UNITED ISATATES3 VVASH ING TON. 0.C. 2 054 8 [DATE: MAR 17 r qg L -l F James R. Crouch - Flocation Ixpenses: leimbursernent of Broker's Fee Transferred employee paid real, estate comrnission on sale of residence. Realty agency reimbursed employee for accrued interest in the form of a penalty charged to emnployce by the mortgagee. The penalty was inposed on the employee for failure to give timely notice concerning the loan payoff. Since the libility arose through the failure of the realty agency to give the rceuired notice, the reim- bursernent of the accrued interest by the realty agency may not be considered as voluntary. Under section 4. 2a of WAD Circular No. A-56, employee may be reimbursed for full cornnission w-hich was payment for servics 2actually rendered. Cf. B-184501, Otcober 9' 0, 1975. This ratter was forwarded to our Office by a certifyn officer of the Uni ted States Depriment of Agriculturc wo hen rquested a decision as to Wheither the Db.. Crouch, an employee of the Fcrest Service, to refund 2193 2 fo r excess rlocation expenses rimbursed to him in connecon wjith na change 0 of oficia1 station from Atlanta, Georgia, to CCford, Mvissis sippj,,in 1 97 1. Incicdent to his transfer of official station, 0r. Crouch sold his residence in Atlanta through Clowvard Realty, Inc. The record dis- closes that Mr. Crcch's hous c was scld for $25, 00O and that sales conrnission of $1, 500 (6 percent) wa paid to C Ioward ,caLty, Inc. However, on the closing date Cloward Wealty, Ina. gave Mr. Crouch a check for $123. 22, the sum of the accr-od interest. charged to the seller by thernort o for failure to. give 3) days written hotice of the loan payoff. The realty agency did so because it had failed to give the required notice to the .mortgagee. Mr. Crouch claimed and was reimbursed the full amount of the commission ($1, 500). Section 4. 2a of Office of Management and Budget (OMB) Circular No. A-56, Revised August 17, 197 1, in effect at the time of the real estate transaction here involved, provided that A broker's fee or real estate cornrnission paid by the employee for services in selling his residence is reirnbursable. Under that provision, the erploycoe was entitled to bc reimbursed for a real estato commission to the I I I

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