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B-202661 1 (1981-12-15)

handle is hein.gao/gaobadjxw0001 and id is 1 raw text is:        S/ Arnrrfl1                                                    i

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              FILE: -202661                  OATh: tlcceber 15, 1981

              MATTER OF:     Charles S, Bruce -
                             Reimbursement for real estate experces
                             Closing costs paid by seller
              DIGEST:
                          Employee is not entitled to reimbursement
                          for real estate expenses paid by seller
                          incident to purchase of home upon transfer1
                          Although purchaser may be reimbursed fp
                          closing, cots paid by seller included in
                          purchase price where such costs are clearly
                          dtEcrnible and separable from the property
                          and both the buyer and seller regard costs
                          as having been paid by buyer, claim may not
                          be allowed where seller has not provided
                          statement that any of the closing costs
                          were included in the sales price or other
                          documentation that both buycr and seller
                          regard such costs as having been paid by
                          the buyer.
                 Mr. Conrad R, H1offman, Controller, Veterans Administra-
            tion, requests our deci3ion on whether closing costs above
            $500 paid by the seller may be reimbursed to a transferred
            employee who purchased a residence at his new duty station.

                 Employee may not be reiimbursed for closing costs in
            excess of $500, even though an agreement to pay part of the
            clooing costs might have been taken into account by tha
            seller in determining his selling price, sincn the settl;-
            ment statement shows that those costs were paid from the
            seller's funds an the employee has not submitted a state-
            ment from the seller indicating that both parties regarded
            the closing costs as having been paid by the buyer.
                                                I,
                 Hr. Charles S. Bruce, an employee of the Vetnrans
            Administration, purchased a residence in Prince Georges
            County, Maryland, incLdent to the transfer of his oriLcial
            duty station from New York, New York, to Washington, D.C.
            The sales contract dated October 24, 1980, sprcIfted a total
            price of $56,645 and included an agreement that the seller
            pay all of purchaser's closing costs above $500, including
            prepaid real estate taxes and hazard insurance. The con-
            tract price was paid by the purchasr at clostng on tovem-
            ber 24, 1960, by obtaining a Veterans AdmLnistration loan







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