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B-220741 1 (1986-04-03)

handle is hein.gao/gaobadmgk0001 and id is 1 raw text is: A. o THE COMPTROLLER GENERAL OECISION 'F . OP THE UNITEO STATES WASHINGTO N. 0.C. 20548 I4NIT -b FILE: B-220741 DATE: April 3, 1986 MATTER OF: Jose De Luna DIGEST: A transferred employee who sold a resi- dence at his old duty station may not be reimbursed for the portion of the loan assumption fee he paid incident to that sale since this expense is not customar- ily paid by the seller of a residence in the locality of the employee's old duty station. An employee who sold a residence at his old duty station paid a part of the loan assumption fee for the purchaser and claims reimbursement of this amount.1/ The employee may not be reimbursed since a loan assumption fee is not customarily charged to the seller of a residence in the locality of the employee's old duty station. Mr. Jose De Luna, an employee of the Department of the Navy, was transferred from San Bruno, California, to San Diego, in April 1985. Incident to his change of station, he sold his residence at Redwood City, California, in the locality of his old duty station. The purchaser assumed Mr. De Luna's loan of $121,104.21 and, to permit that assumption, the mortgagee charged a fee of $930.99. Of that amount, $200 was paid by the purchaser and the remaining $730.99 was paid by Mr. De Luna. Reimbursement for the portion of the assumption fee paid by Mr. De Luna was disallowed by the Navy pending our determination of his entitlement. An employee may be reimbursed for certain real estate purchase and sale expenses incurred when he transfers to a new duty station. /5 U.S.C. § 5724a(a)(4) (1982) and imple- menting regulations, the Federal Travel Regulations (FTR), incorp. by ref., 41 C.F.R. 101-7.003 (1984). Reimbursement of certain miscellaneous real estate expenses, including 1/ Mr. William R. Carsillo, Real Estate Division, Western Division, Naval Facilities Engineering Command, has requested an advance decision on whether Mr. Jose De Luna may be reimbursed for a loan assumption fee. c A 3

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