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FILL: 1A-205584
MATTER OF
DIGEST:
THE COMPTROLLER 131NERML
OF THUUNITfl STATIh0
WA HINGTON, 0,o0, 00548
August 2, 1982
Judt A. Williams .- Real state Broter's
Comnrission - Document Prepa ;ation Fee
1. Tranferred empltoee of the Department
of the Air Force ueeks reimkursement
of thoi 7 percent real eitatk6 broker's
commission she paid in connection with
the sale of her residence At her old
duty station in Vacavi].Je, Californiia,
Based upon para. c14002(i)(a), Volume 2,
JTR, the Air Fcrce determined that 6
percent was the prevailing ccunission
rate cuetaarily charged in Vacavillo
and reimbursed the employ'ee t ttat
rate. The FTR requlresz that the applic-
able cmiasion rate is the rate
generally charged by real estate broker
in the area, not the rate charged by the
particular broker uwed by the employee.
If employee, to expedite sale, pays cam-
mission rate greater than that usually
charged, she cannot be reimbursed for
the extra anmission. Her claim is
denied.
2. Lroan document preparation fee require4 to
be paid by transferred employee In selling
residence at old duty station may be reim-
bursed where F11A guaranteed loan Is in-
volved and FHA regulations prohibt buyer
from paying such fee. Payrtent of fee by
employee-seller is considered to be custom-
ary in Vacaville, California, the locality
of the old residence.
The issues presented in this case are whether a trans-
ferred employee is entitled to reimbursement of the 7 per-
cent real estate broker's ccnrission instead of a 6 percent
canmission reimbursed by the agency, and a loan document
preparation fee she paid in selling her residence at her old
duty station. For the reasons hereafter Ltated, she is not
entitled to reimbursement of the broker's carmissivn of 7 per-
cent and is entitled to reimburiement of the loan document
preparation fee.
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