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B-247315 1 (1992-05-18)

handle is hein.gao/gaobadobh0001 and id is 1 raw text is: Comptroller General of the United States Weuhgton, DC, 20548 Decision Matter of: Charlie F, Beecham File; B-247315 Date: May 18, 1992 An employee may not be reimbursed for the real estate broker' s fee he paid incident to the purchasejof a new residence, The services provided by the brokr, including negotiating on behalf of the employee, are within the scope of services that licensed real estate brokers provide by definition under the applicable state law. Moreover, the broker did not act as a neutral party in conducting the settlement, and, therefore, may not be considered a settlement agent, DECISXON Mr. Charlie F, Beecham, an employee of the United States Department of Interior, Bureau~of Land Management, appeals the agency's denial of his claim for reimbursement for a fee included in the purchase of a new residence incident to a permanent change-of-station transfer in 1990 from Montrose, Colorado, to Farmington, New Mexico. We deny the claim, At issue is whether a $951.76 fee paid to a licensed real estate broker is a broker's fee, for which reimbursement is expressly prohibited under the Federal Travel Regulation', or a settlument agent's fee, which we allowed as an incidental expense2 in Brock and Van Orden, 67 Comp. Gen. 503 (1988), According to Mr. Beecham, the broker reviewed all the contracts, negotiated with the sellers, constructed the offer and counter offer and arranged for all incidental actions to be taken, In her own letter to the agency, the broker stated that her role, among others, was to serve as Mr. Beecham's representative at close of escrow. In a letter to the sellers, which she signed over the title 141 C.F.R. § 302-6.2(a) (1991), 241 C.F.R. § 302-6.2(f) (1991).

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