BNUMBER: B-265933
DATE: February 23, 1996
TITLE: [Letter]
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B-265933
February 23, 1996
Ronald D. Larsen
Acting Director of Administration
Forest Service
U.S. Department of Agriculture
P.O. Box 96090
Washington, DC 20090
Dear Mr. Larsen:
This is in response to your request (reference 6540) concerning the
entitlement of Mr. Philip J. Janik, to reimbursement for certain
residence transaction expenses in connection with his transfer from
Washington, D.C., to Juneau, Alaska, in June 1994. For the reasons
discussed below, Mr. Janik may not be reimbursed for the fee of a
facilitator incurred in purchasing a residence at his new duty
station.
Mr. Philip J. Janik, an employee of the Forest Service, was issued
travel orders on May 18, 1994, authorizing his transfer from
Washington, D.C., to Juneau, Alaska. Incident to that transfer, Mr.
Janik purchased a residence at his new station and sought
reimbursement for the expenses of the purchase. The following expense
items were allowed: fees for appraisal ($624.00), loan origination
($2,671.22), document preparation ($150.00), closing ($457.60), title
insurance ($326.70), credit report ($95.00), recording ($60.00), and
inspection ($297.44).
The agency did not allow his claim for $750.00, paid to a realtor, for
the services of a facilitator in assisting the seller and buyer in
handling the numerous procedural aspects of the transaction.
A letter from the realtor described the services covered by the fee
as follows:
"Services of a Facilitator in assisting seller and buyer with
industry standard earnest money agreement forms, inspection forms
and procedures, and standard mortgage loan required
documentation. Provided State required Disclosure Form and
assisted in transferring to buyer in compliance with State
Statute. Provided general information to seller and buyer
regarding customary market and mortgage conditions, options and
practices. Assisted seller and buyer in coordinating the many
aspects of a real estate transaction: closing dates, moving
dates, insurance, loan pay off, settlement statement review,
closing details, and sale of personal property being transferred
in this transaction. Assisted mortgage company as necessary with
transaction related matters. Assisted appraiser and engineer as
necessary with inspections and reinspections."
The total fee charged for the professional services rendered was
$1,500.00 which was split equally between buyer and seller. None of
the services described in the realtor's letter appears to be
reimbursable as one of the specific expenses allowable under the
Federal Travel Regulation 41 C.F.R. sec. 302-6.2. While the services may
have been necessitated by the employee's need to return to his old
duty station, there is no provision under 41 C.F.R. sec. 302-6.2, for
reimbursement for the fees of a facilitator in residence transactions.
Consequently, Mr. Janik's claim may not be paid.
/s/Seymour Efros
for Robert P. Murphy
General Counsel
B-265933
February 23, 1996
DIGEST
There is no provision in the Federal Travel Regulation, 41 C.F.R. sec.
302-6.2, to allow reimbursement of the fees of a facilitator in a
residence transaction, where the facilitator merely assists the
parties in coordinating the many aspects of their transaction.