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B-190979 1 (1978-07-07)

handle is hein.gao/gaobadgee0001 and id is 1 raw text is: 




                                 %44
                           ~THE   COM!.'TeICLf.R WENERAL
DECISION   w-~ -. CF THE UNITED BYATIEB
                  NOWTh  WASHINSTON. D.C. 04


FILE:  8-190979


DATE: July 7,   1978


MATTER OF: Burrel M. Baxter - Reimbursement   for Real
              Estate Commissions


DIGEST:


Claim for reimbursement of real estate commis-
sionsincurred incident to the sale otamobile
home has not been adequately documented and
may re' be certified for payment. Claimant
has not subfitted a copy of the sales agree-
ment, and has not established that he had
title to the home at the time of the trans-
action 'hich gave rise to this claim. Ad.
ditiunally, the documents which were submitted
contain conflicting statem'nts.


     This is in response to a request for an advance decision
regarding the claim of Mr. Burrel M. Baxter for reimbursement
of real estate commissions in the amount of $907.37 incurred
in connectirn with the sale of his mobile home incident to his
transfer from Brush, Colorado, to Tracy, California.

     Mr. Baxter, an employee of the Bureau of Reclamation, Depart-
ment of the Inte'ior. purchased a mobile homB on February 19, 3.976,
from C&L Sales and Service in Fort Morgan, Colorado. In July 1977
he was officially transferred to Thacy, California. He had criginal-
ly intended to transport the mobile home to his new duty statio..
but discovered that California did not alloLs mobile homes of the
type he ownei. He, therefore, rnde arrangements to sell the home
with a representative of C&L Sales and Service, the same company
from whom the home had been purchased.

     The mobite home was sold and Mr. Baxter submitted a claim
for reimbursement of $907.37 in real estate commissions. The
certifying officer has requested an advance decision, noting that
the documents submitted in support of the claim contain conflicting
statements, and are not of the usual type.

     As a preliminary matter, tie note that although this claim
arose as a result of a sale of a mobile home, it is nonetheless
governed by the provisions in the Federal Thavel Regulations,
FPMR 101-7 (May 1973) (FTR), relating to the bale of a residence
or dwelling.  Under FTh chapter 2, Part 6, claims incident to the
sale of a mobile home are generally subject to the same require-
ments that apply to the sale of a stationary home or residence.


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