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B-197893 1 (1980-06-04)

handle is hein.gao/gaobadihl0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASH!NGTON, DC. 20548 FILE: B-197893 DATE: June 4, 1980 MATTER OF: Mathew sement of Real Estate Sales Commission DIGEST: Employee of Mine Safety and Health Administration who transferred from Utah to Colorado may hot be reimbursed for sales commission paid to unlicensed individual in connection with sale of residence at former permanent duty station. Reimbursement of broker's fee may be allowed only where employee is legally liable for fee and Utah law not only prohibits any person from acting as real estate broker or salesman without first obtaining a license but also pro- hibits unlicensed person from bringing action for recovery of fee. This action is in response to a letter dated February 13, 1980, from Sandra L. Schmick, Authorized Certifying Officer, Mine Safety and Health Administra- tion, Department of Labor. Ms. Schmick requests our advance decision on the reclaim voucher of G Mr. Mathew Biondich for reimbursement of a sales com- mission he paid in connection with the sale of his residence at his former permanent duty station. Mr. Biondich was transferred from Price, Utah, to Delta, Colorado, in June 1977. He reports that after he unsuccessfully attempted to sell his home himself, he listed it with two realty firms, and neither was able to locate a buyer. Mr. Biondich also states that he told the District Administr-ative Officer of the problems he had encountered in trying to sell his home and asked whether he could be reim- bursed for a sales commission paid to an individual who was not a realtor. Mr. Biondich claims that the Administrative Officer informed him he could receive reimbursement for a commission paid to.a non-realtor but that the individual might encounter difficulties if a realtor in Utah discovered the transaction. Mr. Biondich states that subsequent to this con- versation the individual he was referring to sold his

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