B-175285, JUL 9, 1973

B-175285, JUL 9, 1973

DECISION ALLOWING BROKERAGE FEE PAID BY A TRANSFERRED EMPLOYEE TO SELL HIS MOBILE HOME AT HIS OLD DUTY STATION BECAUSE NOT IN EXCESS OF 10 PERCENT IF ACTUAL SALES PRICE OR $5,000, WHICH EVER IS THE SMALLER AMOUNT.

TO MR. R. T. ALBRIGHT:

REFERENCE IS MADE TO YOUR LETTER OF MAY 17, 1973, WITH ENCLOSURES, IN WHICH YOU REQUEST OUR DETERMINATION AS TO THE PROPRIETY OF CERTIFYING FOR PAYMENT A VOUCHER SUBMITTED IN FAVOR OF MR. NORBERT A. ADAMSKI, AN EMPLOYEE OF THE BUREAU OF NARCOTICS AND DANGEROUS DRUGS (BNDD), DEPARTMENT OF JUSTICE, FOR EXPENSES INCURRED BY HIM IN THE SALE OF HIS MOBILE HOME IN CONNECTION WITH HIS PERMANENT CHANGE OF STATION.

THE RECORD DISCLOSES THAT SPECIAL AGENT ADAMSKI TRANSFERRED FROM WASHINGTON, D. C., TO LOS ANGELES, CALIFORNIA, UNDER TRAVEL AUTHORIZATION NO. CS-195-12-72 DATED DECEMBER 14, 1971. AT THE TIME OF HIS TRANSFER, MR. ADAMSKI WAS RESIDING IN A MOBILE HOME WHICH HE WAS UNABLE TO SELL PRIOR TO HIS DEPARTURE. YOU STATE THAT IN ORDER TO PROTECT HIS PROPERTY AND TO ESTABLISH REPRESENTATION FOR HIMSELF RELATIVE TO ITS CARE AND SALE, HE ENTERED INTO AN AGREEMENT WITH SPECIAL AGENT STANLEY N. PERSINGER, AN EMPLOYEE OF BNDD, IN WHICH MR. PERSINGER AGREED TO ACT AS HIS AGENT IN MANAGING AND SELLING THE PROPERTY. UNDER THE TERMS OF THE AGREEMENT, MR. PERSINGER AGREED TO ACT AS CUSTODIAN OF THE MOBILE HOME; EXAMINE IT FROM TIME TO TIME TO INSURE ITS SAFEKEEPING; TO MEET WITH PROSPECTIVE BUYERS, SHOW THEM THE MOBILE HOME; DISCUSS THE PRICE AND ARRIVE AT A FAIR MARKET VALUE FOR THE CASH SALE OF THE HOME; HANDLE ALL FINANCIAL MATTERS AT THE TIME OF THE SALE AND ARRANGE FOR FINAL PAYMENT OF ALL BILLS, RENT, UTILITIES, ETC. SUBSEQUENT TO THE SALE OF THE MOBILE HOME. COMPENSATION FOR THE AFORE STATED SERVICES, MR. ADAMSKI AGREED TO PAY MR. PERSINGER A REASONABLE SUM OF MONEY TO COVER THE EXPENSES AND SERVICES RENDERED BY HIM IN SELLING THE MOBILE HOME. THE FEE CHARGED BY MR. PERSINGER WAS $125. THE MOBILE HOME WAS SOLD FOR THE SUM OF $3,250.

THE CONTROLLING REGULATIONS, OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, REVISED SEPTEMBER 1, 1971, PROVIDE IN SECTION 4.1B THAT:

B. LOCATION AND TYPE OF RESIDENCE. THE RESIDENCE OR DWELLING IS THE RESIDENCE AS DESCRIBED IN 1.2I, WHICH MAY BE A MOBILE HOME AND/OR THE LOT ON WHICH SUCH MOBILE HOME IS LOCATED OR WILL BE LOCATED.

SECTION 4.2G OF THE ABOVE-REFERENCED CIRCULAR NO. A-56 STATES:

G. OVERALL LIMITATIONS. THE AGGREGATE AMOUNT OF EXPENSES WHICH MAY BE REIMBURSED IN CONNECTION WITH SALE OF THE RESIDENCE AT THE OLD OFFICIAL STATION SHALL NOT EXCEED 10 PERCENT OF THE ACTUAL SALE PRICE, OR $5,000, WHICHEVER IS THE SMALLER AMOUNT; AND FOR THE PURCHASE OF THE HOME AT THE NEW OFFICIAL STATION, THE AGGREGATE AMOUNT OF EXPENSES WHICH MAY BE REIMBURSED SHALL NOT EXCEED 5 PERCENT OF THE PURCHASE PRICE, OR $2,500, WHICHEVER IS THE SMALLER AMOUNT.

IN OUR DECISIONS 49 COMP. GEN. 15 (1969) AND B-175561, APRIL 27, 1972, COPY ENCLOSED, WE DETERMINED THAT THE BROKERAGE FEE PAID BY A TRANSFERRED EMPLOYEE TO SELL HIS MOBILE HOME AT HIS OLD DUTY STATION MAY BE REIMBURSED TO HIM. IN ADDITION WE ALSO CONCLUDED THAT ANY SUCH REIMBURSEMENT WOULD BE LIMITED UNDER SECTION 4.2G, SUPRA, TO A FEE THAT DOES NOT EXCEED 10 PERCENT OF THE ACTUAL SALES PRICE OR $5,000, WHICHEVER IS THE SMALLER AMOUNT. SINCE THE FEE HERE INVOLVED IS A FEE FOR NEGOTIATING AND HANDLING THE SALE OF THE MOBILE HOME, AND IS WITHIN THE MONETARY LIMITS STATED ABOVE, REIMBURSEMENT MAY BE MADE TO MR. ADAMSKI.

THE VOUCHER, ALONG WITH THE ATTACHMENTS APPENDED THERETO, IS RETURNED AND MAY BE CERTIFIED FOR PAYMENT.