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B-219501 1 (1986-01-13)

handle is hein.gao/gaobadmdf0001 and id is 1 raw text is: 3 3 _-) Z- THE COMPTROLLER MENERAL oCISION t . OP THE UNITED NTATUE WASI NGTON, O.C. 20548 FILE: 9-219501 DATE: January 13, 1986 MATTER OF: Paul A. Pradia - Reimbursement of Real Estate Expenses DIGEST: An employee transferred from California to Arizona, may not be reimbursed for a commission paid a real estate salesman for services rendered in connection with the sale of his California residence. The real estate salesman was not a licensed broker, and California law prohibits the payment to or the accept- ance of a commission by a person other than a licensed broker. The payment of the commission to the salesman, there- fore, was not a legally enforceable obligation. Furthermore, the employee may not be reimbursed for an appraisal fee in the absence of proof of payment. This decision is in response to a request from the Director of the Office of Finance and Accounting, U.S. Department of Housing and Urban Development, for a decision concerning the entitlement of Mr. Paul A. Pradia to reimbursement of a real estate commission and an appraisal fee in connection with the sale of his residence at his former duty station. The Department of Housing and Urban Development denied Mr. Pradia's claim on the grounds that the commission was paid to a person who was not a licensed real estate broker and that there was no proof of payment of the appraisal fee. We concur in HUD's determination for reasons we will explain below. On March 16, 1983, Mr. Pradia was notified that he was to be transferred from Sacramento, California, to Phoenix, Arizona, and he reported to his new duty station on April 18, 1983. On June 18, 1983, Mr. Pradia and his wife signed a listing agreement for the sale of their Sacramento residence with Kiernan Realtors. Mr. Billy Taylor was the real estate salF-ar f K Kiernan Realtors. The listing period appearing nn tV2 u-a:nent was Flrom June 18, 1983,

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