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B-205503 1 (1982-06-02)

handle is hein.gao/gaobadkix0001 and id is 1 raw text is: 





13 MC IS10N


FILE;


THEI, CDMPTOIW.LER DfNEIRAL
Mr- TTE UNITF.J EITATES
W#Af3H I r'TO I   D,C, 2054H


B-205503


MATTER C


DIGEST:


DATE: June 2, 1982


Judy WyneVGop - Rea) Estate Expenses -
Attorney Foes


Empfoyee of Departmcnt of iouuin9 and
Urban Develupinont purchased residence
in AtlaPta, Georgia, in September 1980,
in conneution wkth official transger
and claims attorney fees incident to
the purchase in excess of the amount
customarily charged in the locality.
Under applicable law and regulations,
necessary and reaFfonable legal fees
and coats incurred by reason of the
purchase or sale of a residence inci-
dent to a permanent change of station
may be reimbursed provided tint the
costs are within the customary range
of charges for such services with-
in the locality of the residence trans-
action.  Since the employee's claim
for attorney fees is ih excess of
maximum range established for resi-
dence transactions in hei locality by
Department of Housing and Urban Develop-
ment, her claim is danird.


     A transferred employee incurred attorney fees in con-
nection with the purchase of a residence at i.sr new duty
station.  The issue presented for our consideration here
is whether the employee may be reimbursed for those co3ts
in an amount which is greater than the customary range of
charges for such services within the locality of the resi-
dence transaction. We h9ld that the employee is limited
to the avnr,'u t customarily charged in the locality.

     Mr. Henry E. Rollins, Director of the Atlanta Regional
Accounting Division, Department of Housing and Urban Develop-
ment (HUD), has requested an advance decision concerning the
reclaim voucher of Ms. Judy Wynekoop for reimbursement of
attorney fees incurred in the purchase of her Atlanta resi-
dence.


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