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B-191792 1 (1978-09-25)

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                         HEC. TU  CuMPYnOLLEU GEguNAL.
mCIBION .                   OP       euTHE UNITED S-TATES
                      D3OIUNWASHINGTON, 63.C, R0E4U


FILER:


5-191792


MATTER OF:


DIGEST:


                   DATE:   bqptdber 25, 19M

Philibert A.   1Oiet- Transfer,
real estate expenses, atcorney fees


Employee, woj ,purchased residence in ashington,
D.C., area 'incidieht to transfe*.Q.and*.Ancurred
legal fees of both lending insri*Stibn's (mortga-
see's) attorney and his own attaney for perform-
ance o   afgealervices to connectin with
tranasction, may he reimbursed for both legal
-ees Y.provided they are cuseomarily paid and are
within the customary range of charges in locality
of residence.


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     Thistin iw in response   to a 1etter dated April '5, 1978,
with enclosures, f.on Mr,Jnes E. Lewis, Chief,Finace  Division,
Federal Highway Administraflon, WbaI tig aouber   andreq
.iso advikdecistion.concerxing rinbursement ,-f ir. Phili irt A.
Ouellet for acertuin attomay'sLiees incurred incident tothe
purchase of a;jresidences-n Reston, V`rginia., resulting from a
permanent change of station.

     A ftobor belt  n'tified on Augu'st 23g197, of his ipendig
transfr  fr. Albany, New York, to Wfshiiton, D.C.,ef$,9dive
October 9, 1977,, Mr. Duellet purchasIa'home in the'vicinity of
hie's rofkicial statib , Inconnecton  with this'     htase, he
s&.ef  a- statement o September 26, 1977, to tile effectthat the
Agreeaeit ofSale provided that the seller had ariaiged for a
law fiia ofhe seller's cboite to perform thlegal
funti'ns akid to hold sett¾ b0miit., The agreement further p'ro-
ide&  that'4f he wated his d, atto'daney, he was at libtrty to
secure: the m'ame and pay for the services provided by him.
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     Mr. Outllet sbmitied a cairnforj$275 represetating the
costs'of 1ajal services that  oheobtained in order to have
e'quil representation in.maters ateidaxft with the real-estate
ptchaase raisiaction. He had previously' ben reimbursed $375
for all attorney'sq facs paid to `&he law firm chosen by the
     IL w  ch included settleient or closing fee, abstract or
titi  search, title examin'ation, title insurante binder, docu--
ment prepaiption, and ndtary fee.

     Mr  00 U1et's claW for his personal attorney's fee was
inttially detied on gruunds that legal fees of an advisory nature
are not reivbursable. Upon reclaim, he was advised that a claim


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