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B-183102 1 (1976-06-09)

handle is hein.gao/gaobadiyj0001 and id is 1 raw text is: 

DECISION.


FILE:


THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON. D. C. 20548


B-183102


MATTER OF:


DIGEST:


DATE:


    -71


JUN 9  1976


   Joe J. Baca - Real Estate Expenses -
   Attorney's Fees

Transferred employee discovered cloud
on title to home he was purchasing at new
duty station in New Orleans, and brought
attorney from California to New Orleans.
He may be reimbursed only for that portion
of attorney's fee that was attributable to
preparation of new contract of sale for
property. There is no authority for reim-
bursement of attorney's travel expenses,
or of attorney's charges for research and
negotiation which are in nature of charges
for general advisory services.


    This matter arises from a request for an advance decision
submitted by D. F. Sloan, an authorized certifying officer of the
United States Department of Justice, concerning the authority for
reimbursing M1ir. Joe J. Baca, a special agent of the Drug En-
forcement Administration, for certain attorney's fees incurred
at the time he purchased his home at his new duty station.

    Under the authority of Travel Authorization N'o. 486 dated
June 14. 1974, Mr. Baca was transferred from Los Angeles,
California, to New Orleans, Louisiana. On July 2, 1974,
Mr. Baca signed an agreement to purchase a hor ::e located at
2621 Metairie Heights Avenue, Xletairie, Lori :iana, with the
closing to take place on or before 'ugust I, 1]C4, unless other-
wise agreed. During the title search prior to the closing, it was
discovered that the seller did not possess clear title to all of the
property. The house was built on a piece cf land that was made
up of four lots, each approximately 25 feet by 120 feet, that were
created when the property was subdivided. The seller apparently
held clear title to three of the four lots (numbers 439, 441, and
443) forming an area approximately 75 feet by 120 feet, with the
house and swimming pool totally contained in that area. The seller
did not hold clear record title to the fourth lot (number 437). Under
the terms of the July 2, 1974 contract, since the seller could not
deliver clear title to all of the property, Mr. Baca could have ter-
minated the contract without further liability, if he had chosen to
do so .

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