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B-200257 1 (1981-08-18)

handle is hein.gao/gaobadjqv0001 and id is 1 raw text is: 
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                THE COMPI~R LklRLGEERAL

OECISIONOF THE UNITED STATES
                ~WASHINGTON. 0. C. 20548
           ra~~


FILE: B-200257


DATE:   August 18, 1981


MATTER OF: Philibert A. Ouellet--Relocation expenses -
            Closing costs paid by seller


DIGEST:


1. Employee claims closing costs incident to
    purchase of new home. Agency questions
    claim since settlement sheet shows that
    closing costs were paid by seller.
    Closing costs paid by seller but included
    in sales price of residence may be allowed
    where they are clearly discernible and
    separable from price of realty, where both
    buyer and seller regard costs as having
    been paid by buyer, and where buyer docu-
    ments costs and his liability therefor.
    Since seller in this case declines to state
    that closing costs were paid by buyer, and
    buyer has presented no evidence to rebut
    that statement, the claim may not be
    allowed.


                   2. Agency asks whether rule of our decision
                      Henry F. Holley, 56 Comp. Gen. 298 (1977),
                      applies to homes purchased from private
                      individuals in the resale market. Our
                      decision in Holley allowed reimbursement
                      of closing costs nominally paid for by
                      the seller but, in actuality, added to
                      the sales price of the realty and paid
                      for by the buyer. Rule in Holley has
                      been applied to transactions in the re-
                      sale market to allow payment of such
                      costs. See D. W. Holcombe, B-191235,
                      October 25, 1978.

         The Deputy Regional Administrator, Region Three, Federal
    Highway Administration, Department of Transportation requests
    our decision on whether closing costs that were apparently
    paid by the seller may be reimbursed to a transferred employee
    who purchased a residence at his new duty station, where the
    seller refused to provide a statement that the closing costs
    were included in the price of the residence.





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