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B-231826 1 (1989-06-02)

handle is hein.gao/gaobadnll0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof- James K. Payne - Attorney Fees - Relocation File: B-231826 Date: June 2, 1989 DIGEST 1. An employee became legally obligated to buy a home at his old duty station and subsequently learned he was beinq considered for a new position in another state. The legal fees incurred in renegotiating the sales contract to include a clause allowing the employee to terminate the contract without loss of the deposit if the employee transferred may not be reimbursed as a real estate expense under 5 U.S.C. § 5724a(a)(4) si'nce he did not acquire an interest in the property. However, the legal fees may be reimbursed as a miscellaneous expense under 5 U.S.C. S 5724a(b), subject to the agency's determination that an administrative intent to offer him the new position had been expressed before the expenses were incurred. 2. An employee's legal expenses incurred in connection with the preparation and settlement of a claim against his agency for relocation expenses may not be reimbursed since no express statutory authority allows such payment. DECISION This is in response to a request from the Finance and Accounting Officer for the U.S. Army Corps of Engineers, Baltimore District, for an advance decision concerning a claim by Mr. James K. Payne for reimbursement of $384 in attorney fees incurred in the renegotiation of a contract to purchase a home. Mr. Payne also seeks attorney fees of $120 incurred in the preparation of this claim. For the reasons stated below, we find that Mr. Payne is not entitled to reimbursement of the attorney fees of $384 as a real estate expense. However, he may be eligible for reimbursement of this amount as a miscellaneous expense of relocation, subject to an agency determination that there was an administrative intent to offer Mr. Payne a new position at the time the expenses were incurred. Mr. Payne

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