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B-265606 1 (1996-07-02)

handle is hein.gao/gaocrptadsf0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Frances M. Rosarius File: B-265606 Date: July 2, 1996 DIGEST A transferred employee, who also was a licensed real estate agent employed by a real estate firm, contracted with the firm to have it list and sell her residence at the old duty station and to pay the firm a 6 percent real estate commission. In addition, the firm, by separate agreement, arranged to have the employee handle the residence sale on its behalf. Following the sale of the residence, the employee and her husband were charged and paid the 6 percent commission to the firm, which in turn compensated the employee for her sales services. Her claim for reimbursement for the commission paid was reduced by the amount of the fee paid her by the firm. She appeals that ruling. Under applicable laws of the jurisdiction involved, the legal relationship between the parties regarding the commission paid for the sale of the residence, on one hand, and the relationship between the employee and the firm regarding payment of compensation for her performing the sales services, are separately enforceable. Therefore, since the employee incurred a legally enforceable debt, the full 6 percent real estate commission may be reimbursed to her. This decision responds to correspondence from Ms. Frances M. Rosarius, who is appealing Claims Settlement Z-2869355, Nov. 7, 1994. That settlement disallowed that part of the brokers' commission paid the real estate firm that was equal to the amount she received from the firm as the sales agent for selling her own residence incident to a permanent change of station in May 1994. We conclude that the full real estate brokers' commission paid the real estate firm may be reimbursed, for the following reasons. BACKGROUND Ms. Rosarius, an employee of the Department of the Army stationed at Tooele Army Depot, Utah, was transferred to the Corpus Christi Army Depot, Texas, by travel orders dated April 18, 1994. She reported for duty at her new station on May 31, 1994. In addition to her federal employment, Ms. Rosarius also held a license as a real estate agent and was employed by Wardley Better Homes and Gardens 43771

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