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B-193945 1 (1980-04-29)

handle is hein.gao/gaobadifo0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DEISONOF THE UNITED STATES WASHINGTON., O.C. 20548 FILE: MATTER OF: DIGEST: B-193945 DATE: April 29, 1980 Philip G. Simonski -'ttorney fees on sale of residenc5 1. Agency denied employee's claim for reimbursement of attorney fees on sale of residence since seller normally does not incur attorney fees in the area. However, the sale involved an encroachment which could cloud employee's title. Employee obtained additional legal services in order to ensure he had marketable title as required in local area. This Office has permitted reimbursement of attorney fees to remove cloud on title where required by contract or local custom. Thus, attorney fees may be reimbursed if within the customary range of fees in the local area. 2. An employee incurred attorney fees on the sale of his residence which he sold via a land sale contract whereby the purchaser takes equitable title in exchange for installment payments of purchase price and seller retains legal title as security. We have held that expenses incurred incident to land sale contracts are eligible for reimbursement. Since HUD area office reports that in land sale contracts it is considered prudent for seller to incur attorney fees, and fees were within customary range for such services, they may be reimbursed. H. Larry Jordan, Authorized Certifying Officer, National Financ Center, United States Department kVof Agriculture, request a decision of this Office I

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