B-172151, SEP 7, 1971

B-172151, SEP 7, 1971

CIVILIAN EMPLOYEE - CLAIM UNDER OMB CIR. NO. A-56 - EXPENSES INCIDENT TO SALE OF RESIDENCE AFFIRMING PRIOR DECISION, B-172151, MAY 18, 1971, DENYING CLAIM OF MR. DANIEL E. O'CONNELL, EMPLOYEE OF THE DEPARTMENT OF AGRICULTURE, FOR $392 FOR TERMITE WORK INCURRED IN CONNECTION WITH THE SALE OF HIS RESIDENCE INCIDENT TO CHANGE OF STATIONS. SECTION 4.2, OMB CIR. NO. A-56 IS EXPLICIT: NO REIMBURSEMENT FOR PROPERTY REPAIRS REQUIRED AS A CONDITION OF SALE. CLAIM DENIED.

TO MR. DANIEL E. O'CONNELL:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 14, 1971, REFERRING TO DECISION B-172151, MAY 18, 1971, IN WHICH REIMBURSEMENT FOR CERTAIN EXPENSES, INCLUDING $392 FOR TERMITE WORK INCURRED IN CONNECTION WITH THE SALE OF YOUR RESIDENCE IN JANUARY 1970, WAS DISALLOWED.

YOU NOW INDICATE THAT IT IS YOUR UNDERSTANDING THAT ITEMS WHICH ARE REQUIRED AS A CONDITION OF SALE, ARE REIMBURSABLE, AND YOU SAY THAT SINCE REPAIR OF TERMITE-CAUSED DAMAGE TO YOUR RESIDENCE WAS REQUIRED AS A CONDITION OF SALE, YOU ARE ENTITLED TO THE COST OF THE REPAIRS.

SECTION 4.2 OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56 PROVIDES THAT CERTAIN EXPENSES INCURRED IN CONNECTION WITH THE SALE OF A RESIDENCE SHALL BE REIMBURSABLE. THERE IS NO PROVISION FOR REIMBURSEMENT FOR PROPERTY REPAIRS REQUIRED AS A CONDITION OF SALE, NOR IS THERE SPECIFIC PROVISION FOR REIMBURSEMENT OF THE COST OF TERMITE DAMAGE REPAIRS OR FOR TERMITE EXTERMINATION. IN VIEW THEREOF, YOUR CLAIM FOR $392 MUST AGAIN BE DENIED.