B-165657, JUNE 3, 1969
Highlights
BILLINGS OF A REAL ESTATE COMMISSION PAID IN CONNECTION WITH THE SALE OF RESIDENTIAL PROPERTY ON THE GROUND THAT SEPARATE PARCELS WERE INVOLVED IN THE SALE WHICH DID NOT APPEAR TO BE PART OF THE RESIDENCE. THAT DECISION HELD THAT ONLY $100 OF A $350 SURVEY FEE WAS REIMBURSABLE. BILLINGS SHOWS THAT THE PROPERTY WAS PURCHASED AND SOLD BY HIM AS ONE PARCEL AND CONSISTED OF A RESIDENCE ON A 2 ACRE LOT. WHICH WAS NOT ADAPTABLE TO FARMING. THAT THE SEPARATE PARCELS WERE REFERRED TO IN THE SALES CONTRACT MERELY TO ESTABLISH A TOTAL SALES PRICE. BILLINGS IS ENTITLED TO REIMBURSEMENT OF THE CUSTOMARY 6 PERCENT REAL ESTATE COMMISSION ON THE TOTAL SALES PRICE ($26. IS MODIFIED ACCORDINGLY AND YOU ARE AUTHORIZED TO DISREGARD OUR PREVIOUS CONCLUSION TO COLLECT $65.60 FROM MR.
B-165657, JUNE 3, 1969
TO MISS Y. M. DESPEGHEL:
YOUR LETTER OF FEBRUARY 14, 1969, REFERENCE SWERI-CPF, TRANSMITS A REQUEST FROM MR. SANFORD M. BILLINGS, WITH ATTACHMENTS, ASKING THAT WE RECONSIDER OUR DECISION B-165657, JANUARY 23, 1969, TO YOU, CONCERNING MR. BILLINGS' CLAIM FOR REIMBURSEMENT OF CERTAIN EXPENSES INCIDENT TO HIS PERMANENT CHANGE OF STATION UNDER TRAVEL ORDERS DATED APRIL 12, 1967.
THE ABOVE DECISION AUTHORIZED ONLY PARTIAL REIMBURSEMENT TO MR. BILLINGS OF A REAL ESTATE COMMISSION PAID IN CONNECTION WITH THE SALE OF RESIDENTIAL PROPERTY ON THE GROUND THAT SEPARATE PARCELS WERE INVOLVED IN THE SALE WHICH DID NOT APPEAR TO BE PART OF THE RESIDENCE. ALSO, THAT DECISION HELD THAT ONLY $100 OF A $350 SURVEY FEE WAS REIMBURSABLE.
THE INFORMATION NOW FURNISHED BY MR. BILLINGS SHOWS THAT THE PROPERTY WAS PURCHASED AND SOLD BY HIM AS ONE PARCEL AND CONSISTED OF A RESIDENCE ON A 2 ACRE LOT, 2-1/2 ACRES PASTURE LAND AND 7 ACRES BACK LAND, WHICH WAS NOT ADAPTABLE TO FARMING, HOUSING OR OTHER PRODUCTIVE PURPOSE; ALSO, THAT THE SEPARATE PARCELS WERE REFERRED TO IN THE SALES CONTRACT MERELY TO ESTABLISH A TOTAL SALES PRICE. IN VIEW THEREOF, WE NOW HOLD THAT MR. BILLINGS IS ENTITLED TO REIMBURSEMENT OF THE CUSTOMARY 6 PERCENT REAL ESTATE COMMISSION ON THE TOTAL SALES PRICE ($26,000) OF THE PROPERTY.
HOWEVER, WITH RESPECT TO THE $350 SURVEY CHARGE, WE SEE NO BASIS FOR ALTERING OUR PREVIOUS DECISION WHICH ALLOWED THE CUSTOMARY FEE OF $100 FOR LARGER RESIDENCES IN THE AREA. UNDER SECTION 4.2B, BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, ONLY THE CUSTOMARY COSTS OF MAKING A SURVEY MAY BE REIMBURSED.
OUR DECISION OF JANUARY 23, 1969, TO YOU, IS MODIFIED ACCORDINGLY AND YOU ARE AUTHORIZED TO DISREGARD OUR PREVIOUS CONCLUSION TO COLLECT $65.60 FROM MR. BILLINGS; ALSO, YOU ARE AUTHORIZED TO PAY HIM AN ADDITIONAL $100.