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B-258932 1 (1995-09-19)

handle is hein.gao/gaocrptabze0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: James A. Fairley File: B-258932 Date: September 19, 1995 DIGEST 1. A transferred employee sold his residence in the vicinity of his old duty station and claims reimbursement for a 6-1 percent broker's commission. Under 41 C.F.R. § 302-6.2(a), real estate broker's fees may be paid but not in excess of the rates generally charged in the locality. The Housing and Urban Development office which monitors the real estate market in the area of his old duty station informed the agency that the customary commission fee in the locality is 6 percent. Since the commission generally charged by the real estate brokers there does not exceed 6 percent, the employee's reimbursement is limited to that percentage. Raymond L. Hipsher, B-214555, Aug. 28, 1984; and Gene C. Nicko, B-232313, Jan. 9, 1989. 2. A transferred employee claims reimbursement for a document preparation fee he paid in connection with the purchase of a residence in the vicinity of his new duty station. Since 41 C.F.R. § 302-6.2(c) (1994) specifically authorizes reimbursement for the cost of preparing conveyances and other related instruments, that expense may be allowed. James A. Schampers, 69 Comp. Gen. 573 (1990). 3. A transferred employee claims reimbursement for an underwriter's fee and a tax service fee he paid in connection with the purchase of a residence in the vicinity of his new duty station. Under 41 C.F.R. § 302-6.2(d)(2)(v) (1994), no fee, cost, or expense determined to be part of finance charges under the Truth in Lending Act or Regulation Z is reimbursable. Since the claimed expenses are identifiable as being lender finance charges incident to the extension of credit, they may not be reimbursed. George C. Souders, B-248457, Sept. 29, 1992. 4. A transferred employee claims reimbursement for a processing fee charged by the lender in connection with the purchase of a residence in the vicinity of his new duty station. If the fee represents part of the administrative cost of processing paperwork associated with a loan origination fee, this charge may not be paid because the maximum amount allowable has already been paid as a loan origination fee. If the fee is not part of the loan origination fee, then it is an additional charge 822921

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