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B-194448 1 (1979-12-11)

handle is hein.gao/gaobadhuf0001 and id is 1 raw text is: 



                        7  THE  COMPTROLLER GENERAL
DECISION *       OF THE UNITEO STATES
                           WASHINGTON. 0.C. 20548


FILE:    B-194448


DATE:  December 11, 1979


MATTER OF: Neil Gorter -   [3laim for Real Estate Expenses


DIGEST:    1. Employee  stationed in Guam received orders
               transferring him to California. 'After listing
               house with real estate broker, 'employee accepted
               transfer to overseas post and later contracted to
               sell his house. Employee is not entitled to real
               estate expenses incident to overseas transfer.
               5 U.S. C. § 5724a(a)(4). Where employee's trans-
               fer is cancelled, he may be allowed any reim-
               bursable expenses incurred prior to cancellation.
               of transfer.

           2.  Employee seeks reimbursment  of real estate
               expenses incident to cancelled transfer from
               Guam to Calfornia. Employee did not actually
               incur expenses prior to cancellation, but real
               estate listing agreement provided for payment of
               the six percent real estate commission if he with-
               drew the property from sale before agreement
               expired. The employee may be reimbursed
               brokerage commission incurred upon subse-
               quent sale of residence only if such provision
               is enforceable, under local law. William E.
               Jackson, Jr., B-181321, November 19, 1974.-

    This decision is in response to the appeal.by Mr. Neil Gorter
of our Claims Division settlement denying his claim for real
estate expenses incident to the sale of his home at his old official
duty station in Guam.

    Mr. Gorter was employed by the Department of the Interior
and was assigned to the Office of the Comptroller of Guam when
he advised Interior on January 4, 1978, that upon completion of
his overseas tour on September 30, 1978, he planned to return
to his former duty station in Sacramento, California. On
January 26, 1978, the agency prepared a Standard Form 52,
Personnel Action, transferring Mr. Gorter to Sacramento
effective September 30, 1978. Mr. Gorter listed his house with
a real estate broker on March 5, 1978, but it appears that on
March  9, 1978, he was officially notified of his transfer to


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