Request for Relocation Expenses and Realtor's Fee

An employee requested reconsideration of his claim for a realtor's fee for the sale of land incident to a permanent change of station. The claim was denied because he did not construct a home on the property and land alone could not be defined as the residence from which he regularly commuted to and from work. The request for reconsideration was based on two prior GAO decisions wherein it was held that an employee was entitled to reimbursement for the expenses of selling a house where he could not establish a residence because of a transfer. In those cases, the employees had entered into construction contacts prior to being notified of permanent change of station transfers. The employees went through with the final construction and purchase of homes within a month or 2 of their notifications of transfer. The facts showed that the employee in this case did not satisfy the occupancy requirements of the regulations. He never established a residence on the land he owned during his entire 2-year tour of duty. Accordingly, the prior decision was sustained.