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B-185344 1 (1976-09-23)

handle is hein.gao/gaobadcyf0001 and id is 1 raw text is: / THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: DATE: B- 185344 s?2317 MATTER OF: Ray K. Monaghan DIGEST: 1. Transferred employee may be reimbursed for payment of one-half of escrow fees incurred incident to sale of former residence and purchase of new residence since escrow fees are negotiable items in each location and employee appears to have negotiated in good faith. 2. Hypothetical question pertaining to negotiability of real estate expenses is not for consideration since GAO is not required to render decisions to certifying officerson hypothetical questions. This action is in response to a request, dated November 6, 1975, by Ruth W. Oxley, Certifying Officer, Department of the Interior, for a decision on the propriety of certifying for pay- ment a reclaim voucher for Ray K. Monaghan for real estate expenses incurred incident to his official transfer from Shiprock, New Mexico to Albuquerque, New Mexico. The amount in question is $82.68, representing $34.84 in escrow fees incurred incident to the sale of his former residence in Farmington, New Mexico, and $47.84 in escrow fees incurred on the purchase of a residence in Albuquerque, New Mexico. Under Federal Travel Regulations (FPMR 101-7), para. 2-6.2, these items are reimbursable if they are customarily paid by the seller of a residence at the old official station or customarily paid by the purchaser of a residence at the new official station. Since there is no clear custom in either Farmington or Albuquerque as to who is responsible for the payment of escrow fees, reimburse- ment for these payments has been questioned. The agency has in- formed us that /i7n each locale they are negotiable items. Since the items are negotiable, and Mr. Monaghan has paid half the cost in each case, the agency recommends allowance. We have held that when a locality is devoid of custom in the usual sense, and the parties negotiated otherwise allowable costs in good faith, allowance may be made. B-182076, d-

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