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B-197504 1 (1980-05-05)

handle is hein.gao/gaobadify0001 and id is 1 raw text is: 
1


FILE:   B-197504


DATE:  May 5, 1980


MATTER  OF:   Louis Fisher


DIGEST:


In addition to fee reimbursed for his
own attorney's legal services trans-
ferred employee was charged an attor-
ney's fee by the lending institution
which financed the purchase of new
residence.  Attorney's fees paid to a
lending institution for legal services
performed by an attorney retained by
the lending institution who is not an
employee of the lending institution
may be reimbursed provided the fees
are not for services considered to be
finance charges, are customarily paid
by the buyer in the locality and are
otherwise reasonable.


     The issue presented in this case is whether an employee
may be reimbursed for attorney's fees charged by a lending
institution on the purchase of a residence upon transfer of
official station where he has been reimbursed for his own
attorney's fee for legal services in connection with the
same real estate transaction.  The answer is yes, provided
that the legal fees are not for services considered to be
finance charges under section 106 of the Truth in Lending
Act, are not for legal services performed by an employee
of the lending institution, are customarily paid by the
buyer in the locality and are otherwise reasonable.

     Mr. Louis Fisher an employee of the Drug EnforcementI@/poo
Administration (DEA), purchased a residence in PembroKe
Pines, Florida, upon his transfer from Washington, D.C., to
Miami, Florida.  His claim for reimbursement of purchase
expenses -included $648 for attorney's fees charged by the
lending institution and $780 for his own attorney's fee
for legal services in connection with the real estate
transaction.  The DEA disallowed the attorney's fees paid
to the lending institution based upon the advice from the
United States Department of Housing and Urban Development
(HUD) that it is not customary for the borrower to pay the
attorney's fees for the lending institution.


                        THE  COMPTROLLER GENERAL
DECISION (OF THE UNITED STATES
                         WASHINGTON. O.C. 20548
                 Y I ITV

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