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B-222277 1 (1986-08-18)

handle is hein.gao/gaobadmky0001 and id is 1 raw text is: THE COMPTROLLER GENERAL oEClSION . . OP THE UNITED STATES WASHINGTON. 0. C. 20548 FILE: B-222277 DATE: August 18, 1986 MATTER OF: Julian W. Jacobson - Real Estate Broker's Commission DIGEST: A transferred employee paid a 9 percent real estate commission on the sale of his residence incident to a transfer. However, the agency determined that the prevailing broker's commission rate in the area was 7 percent, and his claim for reimbursement for the additional 2 percent was denied. Employee claimed higher rate was necessary to expedite sale of house because of conditions in local housing market. Employee is not eligible for reimbursement of 2 percent difference since the statute and the prevailing regulations require that the applicable rate is the rate generally charged by real estate brokers in the area, not the rate charged by the particular broker used by the employee. If employee, to expedite sale, pays commission greater than that usually charged, he cannot be reimbursed for the extra commission. This decision is in response to a request from William E. Burrows, Jr., an authorized certifying officer of the Federal Bureau of Investigation (FBI), Department of Justice. The issue presented is the propriety of reim- bursing an additional 2 percent real estate broker's commission to a transferred employee. For the following reasons, we hold that reimbursement cannot be made. BACKGROUND Mr. Julian W. Jacobson was transferred from Tampa, Florida, to Miami, Florida. Incident to the transfer, Mr. Jacobson attempted to sell his home in Tampa, privately, and then through a real estate broker. Almost a year passed and the home had still not been sold. Mr. Jacobson reviewed Q:: L.U;,1 1J. I A -,% a KL ,

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