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B-187826 1 (1977-02-24)

handle is hein.gao/gaobadecw0001 and id is 1 raw text is: A C lbt. Rhubert p THE CCMPrROLLUR CENERAL 0 OP THE UNITED ETATUE WAUHINGTON, 0.C. RO4M DATE: Pbruary 24, 1977 William W. Treptow .. Real estate expenses DIGEST: Eaployee transferred on May 31, 1970, did not execute contract to sell former residence until May 1972, due to market conditions. Since BOB Circular A-56, section 4.le requires existence of written contract for sale of residence within 1 year of transfer as condition precedent to eligibility for extension of time, extension my not be granted and claim is denied. Also, Government is not liable for the negligent or erroneous acts or statements of its officers and employees. By a letter received in this Office on August 12, 1976, Mr. William W. Treptvw has appealed the denial by our Claims Division of his claim for reimbursement of real estate expenses incurred incident to the change of his Official station. The record.indicates that effective May 31, 1970, Mr. Treptow, an employee of the Food and Drug Administration, was transferred from Baltimarv, Karyland, to .Newark, New Jersey. Although Mk. Treptow 1Lated his house for sale, he encountered difficulties in attracting a buyer due to high unemployment in the area where his house was located. Finally, in May 1972, he entered into a contract to sell his former residence, and settlement occurred on May 19, 1972, almost 2 years after he reported to the new duty station. Mt'. Triptow's erploying agency denied hip claim for reimburse- ment of real estate expenses on the grounds that he did not complete settlement on his former residence within 1 year of May 31, 1970, and that he did not meet the criteria for an ex- tension of time. The claimant thereupon submitted a reclaim which was forwarded to our Claims Division. in'Settlement Certificate No. Z-2542757, date4 January 8, 1976, the Claime Division denied Mr. Truptcw's .IAim for real estate expenses on the basis of taction-4.1c of Bureau of the Budget Circular A-56, revised June 26, 1969. Since no contract for sale of the residence was executed during the first year after the transfer, and because the delay was not caused by litigation, the Claims 11 DECISION FILE: B-187826 MATTER OF: d

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