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B-214362 1 (1984-08-07)

handle is hein.gao/gaobadlvm0001 and id is 1 raw text is: 


                    t         THE COMPTROLLER GENERAL
      OUCISION                  P. o THE UNITEO STATES
                              WABHINGTON, 0.C. 2054U



      FILE:  B-214362               DATE: Aigust 7, 1984

      MATTER OF:    Edmund J. Koenke - Reimbursement
                    of Real Estate Commission -
                    Purchase of a Lot
     DIGEST:

            A transferred employee purchased-a lot
            suitable for residence construction
            near his new duty station. His claim'
            for reimbursement of a broker's
            commission for finding the lot is
            denied since Federal Travel
            Regulations (FTR) para. 2-6.2a specif-
            ically prohibits such commission in
            connection with the purchase of a home
            at the new duty station. Although the
            commission reimbursement prohibition
            in FTR para. 2-6.2a specifically
            relates to purchase of a home, by
            implication it includes the lot
            on which the home is to be situated.
            Real estate expenses for the purchase
            or sale of a lot are allowed only when
            the lot is integrated with a dwelling
            or used as a mobile home site.

     This decision is in response to a letter from
Dr. Edmund J. Koenke, requesting further consideration of
the denial by our Claims Group in its Settlement Z-2844451,
dated September 2, 1983, of his claim for reimbursement of
a real estate commission. The commission was paid by him
on the purchase of a lot incident to a permanent duty sta-
tion transfer in January 1982. The claim is denied for
the following reasons.

                          FACTS

     Dr. Koenke, an employee of the Federal Aviation
Administration (FAA), Department of Transportation, was
transferred on a permanent change-of-station assignment
from Washington, D.C., to the FAA Technical Center, ktlantic
City, New Jersey, in January 1982. In May 1982, he pur-
chased a lot in Mays Landing, New Jersey, for the purpose of
constructing a residence. By voucher dated June 9, 1982, he
submitted a real estate expense claim incident to that pur-
chase totaling $3,930.85. Of that amount, $430.85, repre-
senting legal, mortgage lender insurance and escrow agents'

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