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B-187493 1 (1977-04-01)

handle is hein.gao/gaobadeem0001 and id is 1 raw text is: I THE COMPTHOLLER GENERAL. DECISION .*. or THE UNITED STATES 9 WASHINGTON. 1.C, *OBCU FILE: B-187493 MATTER DIGEST: DATE: April 1, 1977 OF: Phillip R. Rosen - Reaiburment of IucA4ental Real Estate Expense Department of Agriculture employee claims cost of Homeguard Service Contract incurs-,d upon sale of his home incident to transfer from Albuquerque, New Mexico, to Kilwauke, Wisconsin. The contract was paid by the seller to protect the buyer against defects in the major systems of the home within 1 year. Even though the real estate agent required the seller to purchase the contract it is not reimbursable because it was not a req4ired service in selling the employee's residence. FTR parea. 2-3.1 and 2-6.2f. F I, MV 0 Co By letter dated September 16, 1976, Ms. Orris C. Huet, an authorized certifying officer of the Department of Agriculture, requests an advance decision concerning the claim of Phillip R. Rosen, an employee of the Fortst Service of the Department of Agriculture. Mr. Rosen claims $156 representing the cost of a Homeguard Service Contract he purchased upon the sale of his home incident to his transfer from Albuquerque, New Mexico, to Milwaukee, Wisconsin. The certifying officer disallowed Mr. Rosen's claim for the Homeguard Service Contract on the basis it was a form of incurance for the protection of the seller. Mr. Rosen agrees that the contract is a form of insurance, but assumed by a third party for the benefit of the buyer and claims be is entitled to reimbursement under Federal Travel Regulations (FPM 101-7) para. 2-6.2f (May 1973). Mr. Rosen's realtor, Hooten-Stahl, Inc., explained the Homeguard Contract as follows: o* * * The $156 for the Homeguard Contract is mandatory from the standpoint t'hat we require our sellers to provide the aforementioned contract to our purchasers. In the Albuquerque area there are several home service contracts

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