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B-193004 1 (1979-04-10)

handle is hein.gao/gaobadhcq0001 and id is 1 raw text is: DECISION FILE: B-193004 01 ER C STHE COMPTROLLER GENERAL . OF THE UNITED STATES I WASHINGTON, D.C. 20548 DATE: April 10, 1979 MATTER OF: Bobby J. Fulks - Real estate sale expenses DIGEST: Under FTR para. 2-6.1c, employee may not be reimbursed for expenses incurred in the purported sale of his former residence which he occupied under a lease-purchase agreement. The record indicates that the employee never exercised his option to buy the real estate and, hence, did not hold title to the property at the date he entered into a contract to sell the residence. The record does not show that he ever conveyed any property pursuant to that agreement. This action concerns the request of E. Crippen, Finance and Accounting Officer, Department of the Army, for an advance decision concerning the claim of Bobby J. Fulks, a civilian employee, for brokerage fees and prepayment charges incurred in the alleged sale of his residence. The request was forwarded here by the Per Diem, Travel and Transportation Allowance Committee and is assigned PDTATAC Control No. 78-35. Due to reorganization, Mr. Fulks was transferred from Lexington, Kentucky, to Sacramento, California, where he reported to duty on January 22, 1978. Mr. Fulks claims that he should be reimbursed $2,100 for brokerage fees (6 percent of the selling price) for sale of his former residence and $855 for prepayment charges. On April 3, 1976, Mr. Fulks entered into a lease-purchase agreement with Mr. Neely for a house in Clark County, Kentucky. On that date Mr. Neely did not hold legal title to the property. The lease-purchase agreement states that Mr. Neely received and recorded the deed to that land on May 13, 1976. Under the lease- purchase agreement Mr. Fulks agreed to pay rent of $275 per month for 1 year. He paid a deposit of $1,500 and was given an option to purchase the property during the life of the agreement for $31,500. The agreement was subsequently extended for an additional year. The record does not indicate that Mr. Fulks ever exercised the option to purchase the premises and,presumably, he paid rent throughout his tenancy. Nevertheless, on January 3, 1978, after 1 0/

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