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B-190715 1 (1978-03-24)

handle is hein.gao/gaobadfuq0001 and id is 1 raw text is: I *7~ DECISION.0 Q~ FILE: 8-190715 THE COMPTROLLER GENERAL OF THE UNITED *TATED WASHINGTON, O.C. 2054 DATE: March 24, 1978 MATTER OF: Burton Newmiark--Reimbursement for real estate expenses DIGEST: Employee claims real estate expenses pursuant ta transfer of official duty station from Oxon Hill, Maryland,to Gcrmantown, Maryland, and seeks reimbursement for buyer's closing costs which he paid on sale of old residence.Although seller may assume purchaser's closing cost in buyer's market, claim may not be paid since closing costs are not customarily paid by the seller in Prince George's County, Maryland, locality of employee's residence. This action is in response to e request for an advance decision from Donald C. Cestiehr, an authorized certifying officer with the Depar-ment of Energy (DOE), concerning the claim of Mr. Burton Newmark, a DOE employee, for reimbursement of certain real estate expenses incurred pursuant to a change of official duty station. Mr. Newmark was authorized reimbursomen for rIocatton expenses pursuant to his transfer from Cxon Hill, Macytand, to Germantown, Maryland, and he submitted a clain for real estate expenses on the sale of his residence at his old duty stauion. - The administrative offi-ce denied that part of Mr. Newmark's claim wLich represented the purchaser's closing costs, $1,350, on the ground that it was not customary in Prince George's County, Maryland, for the seller .to pay part or all of rhe purchaser's cloring costs. Mr. Newmark has submitted a reclaim voucher for that amount along with two letters from the Prince George's County Board of Realtors, Inc. which state that the payment of purchaser's closing costs is a customary and accepted practice, especially in a buyer's market. The authority for reimbursement of real estate expenses incurred by an employee pursuant to a transfer of official duty station is contained in 5 U.S.C. 5724a (1976) and the implementing regulations, the Federal Travel Regulations (FTP.) (FPMR 101-7) (May 1973). Under the provisions of FTR para. 2-6.2d, certain reel estate expenses are reimbursable if customarily paid by the seller of a residence at the old official duty station. With regard to what expenses are customarily paid by the seller or buyer, our Office has held that just because it is not uncommon for a seller to assume a buyer's closing costs by contract that does not mean such a practice is customary. Se { Wayne E. Holt, H-189295, August 16, 1977; / I p V F II -----Al *4 r'

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