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B-220889 1 (1986-06-02)

handle is hein.gao/gaobadmin0001 and id is 1 raw text is: 



                 U       THE COMPTROLLER GENERAL
OECISION                 OF THE UNITEO        SITATUES
                         WASHINGTON. D.C. 20549

                  UNITI


FILE:   B-220889               DATE: June 2, 1986

MATTER OF:     Howard Crider - Real Estate Expenses -
               Local Custom

DIGEST:

      Transferred employee sold his residence at
      his old duty station to a buyer who obtained
      VA financing. Certain fees in excess of the
      amounts permitted as charges to the VA
      borrower/buyer were charged to and paid by
      the seller. When asked for a report on the
      custom in the area the local HUD office
      stated that more than 50 percent of the
      lenders were charging these fees to the
      sellers, and that this percentage was
      growing. While the phrase customary in the
      area is not susceptible of precise defini-
      tion we conclude that, if the number of
      lenders charging a particular fee is
      50 percent and growing, the requirement of
      the Federal Travel Regulations that the fees
      be customary in the area is met. Therefore,
      the employee may be reimbursed for the fees
      paid, provided that the amounts do not exceed
      the amounts customary for the area.


      This decision is in response to a request from the
  Naval Facilities Engineering Command, Western Division,
  Department of the Navy (referred to hereafter as the agency)
  for our determination concerning Mr. Howard Crider's
  entitlement to reimbursement for certain real estate
  expenses he paid in connection with the sale of his resi-
  dence. For the reasons set forth below, we hold that
  Mr. Crider is entitled to the reimbursement claimed.

       Mr. Crider was transferred from San Diego, California,
  to San Bruno, California, and reported to his new duty
  station July 30, 1984. He sold his residence at his old
  duty station to a purchaser who obtained Veterans
  Administration (VA) financing, with settlement taking place
  on August 9, 1985. The expenses in question are described
  through references to entries on the settlement statement as
  follows:



                           Q    IICC

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