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B-206852 1 (1983-03-09)

handle is hein.gao/gaobadkxw0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, 0.C. 20548 FILE: B-206852 DATE: March 9, 1983 MATTER OF: Joseph F. Rinozzi--Attorneys' Fees--Land Contract DIGEST: An employee entered into a land contract for purchase of a residence at his new official station, and sought reimbursement for payment of related attorneys' fees. Paragraph 2-6.1c of the FTR sets out the title requirements that must be met before reimbursement of real estate expenses is authorized. A land contract providing for installment payments, for immediate legal possession and occupancy, and for conveyance of the deed upon payment of the full price, vested the employee as pur- chaser with equitable title sufficient for reimbursement purposes under 5 U.S.C. S 5724a(a)(4) (1976). This action is in response to a request for an advance decision from Claude F. Pickelsimer, Jr., Director of the Financial Management Office, Centers for Disease Control, Department of Health and Human Services, regarding the propriety of reimbursing a transferred employee for his pay- ment of attorneys' fees incurred in the purchase of a home at his new official station. Although the relevant statute provides for the reimbursement of expenses such as attor- neys'fees, the applicable regulations impose certain title requirements. The question posed is whether the employee's purchase by way of land contract conforms to those title requirements. Following our decision in Larry W. Day, 57 Comp. Gen. 770 (1978), we find that the employee holds sufficient title for reimbursement purposes. Mr. Joseph F. Rinozzi entered into a land contract to purchase the residence in question when he was authorized a permanent change of station from Cincinnati, Ohio to Madison, Wisconsin effective July 26, 1981. He submitted a travel voucher in the amount of $128.00 for reimbursement of attorneys' fees which he had paid for the examination of title insurance, the drafting of mortgages and mortgage notes and for services performed in conjunction with the closing. The Financial Management Office has recommended

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