Reimbursement of Broker's Fee

A decision was requested as to whether an employee should be requested to refund excess relocation expenses reimbursed to him for real estate expenses incident to his transfer. The realty agency reimbursed the employee for accrued interest in the form of a penalty charged to the employee by the mortgagee. Since the liability for the penalty arose through the failure of the realty agency to give the required notice regarding the loan payoff, the reimbursement by the realty agency may not be considered as voluntary. The employee may be reimbursed for the full commission which was payment for services actually rendered.