About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-219925 1 (1986-06-10)

handle is hein.gao/gaobadmir0001 and id is 1 raw text is: THE COMPTROLLER GNERPAL OECISION\. OP THE UNITEO STATES ~WASHINGTON. 0, C. 20549 VNIS FILE: B-219925 DATE: June 10, 1986 MATTER OF: Bobby 0. Allen - Real Estate Broker's Commission DIQEST: Employee who sold his residence in Sierra Vista, Arizona, incident to a permanent change of station may be reimbursed for all of 7 percent broker's commission. According to the evidence, including HUD's determination, there is no single prevail- ing rate for the locale and the 7 percent falls within the range generally charged. This action results from a request for an advance decision submitted by the Finance and Accounting Officer, Department of the Army, White Sands Missile Range. The request was submitted through the Department of Defense Per Diem, Travel and Transportation Allowance Committee and was assigned PDTATAC Control No. 85-26. The question presented is whether a transferred employee may be reim- bursed for the full amount of a real estate broker's commission where the evidence of the customary rate in the area is conflicting and does not clearly support one prevailing rate. For the reasons set forth below, we hold the employee may be reimbursed for the full amount of the commission paid, since the rate charged falls within the range of rates for the area. Mr. Bobby 0. Allen was officially transferred from Fort Huachuca, Arizona, to White Sands Missile Range, New Mexico, effective August 27, 1984. Tncident to his transfer, Mr. Allen sold his residence in Sierra Vista, Cochise County, Arizona. He paid his broker a 7 percent commission, $5,635, but was reimbursed for only a 6 percent commission, $4,830, by the Department of the Army, Fort Huachuca. Mr. Allen has claimed reimbursement for $805, representing the additional 1 percent commission. The agency's reduction of Mr. Allen's original claim by $805 and refusal to reimburse in excess of 6 percent was based, in part, on an informal inquiry by the Claims Judge Advocate at Fort Huachuca to the Department of Housing and Urban Development (HUD) regarding the customary and normal real estate commission charged by brokers in the Phoenix,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most