B-161620, JUL. 25, 1967
Highlights
EMPLOYEES - TRANSFERS - PUBLIC LAW 89-516 - HOME SALE/PURCHASE EXPENSES DECISION TO CERTIFYING OFFICER OF BUREAU OF LAND MANAGEMENT CONCERNING CLAIM OF EMPLOYEE FOR COST OF TITLE INSURANCE INCIDENT TO SALE OF RESIDENCE WHEN HE WAS TRANSFERRED FROM OREGON TO SACRAMENTO. THE PAYMENT MAY BE CERTIFIED IF IT IS SHOWN THAT THE CUSTOM OF THE LOCALITY IS FOR THE SELLER TO FURNISH TITLE INSURANCE ONLY IF IT WOULD BE UNUSUAL FOR RESIDENTIAL PROPERTY TO BE SOLD IN THAT AREA WITHOUT PAYMENT BY THE SELLER OF THE COST OF TITLE INSURANCE OF THE TYPE INVOLVED. SINCE THE CUSTOM OR PRACTICE IN ACCORDANCE WITH WHICH THE SELLER OF REAL ESTATE FURNISHES TITLE INSURANCE FOR THE BENEFIT OF THE BUYER IS NOT UNIFORM THROUGHOUT THE UNITED STATES INFORMATION MUST BE OBTAINED WITH REGARD TO THE CUSTOM AT THE PLACE WHERE A SALE OCCURS PRIOR TO REIMBURSING AN EMPLOYEE THE COST OF THE TITLE INSURANCE PURCHASED IN CONNECTION WITH THE SALE OF HIS RESIDENCE AT HIS OLD OFFICIAL STATION.
B-161620, JUL. 25, 1967
EMPLOYEES - TRANSFERS - PUBLIC LAW 89-516 - HOME SALE/PURCHASE EXPENSES DECISION TO CERTIFYING OFFICER OF BUREAU OF LAND MANAGEMENT CONCERNING CLAIM OF EMPLOYEE FOR COST OF TITLE INSURANCE INCIDENT TO SALE OF RESIDENCE WHEN HE WAS TRANSFERRED FROM OREGON TO SACRAMENTO, CALIF., THE PAYMENT MAY BE CERTIFIED IF IT IS SHOWN THAT THE CUSTOM OF THE LOCALITY IS FOR THE SELLER TO FURNISH TITLE INSURANCE ONLY IF IT WOULD BE UNUSUAL FOR RESIDENTIAL PROPERTY TO BE SOLD IN THAT AREA WITHOUT PAYMENT BY THE SELLER OF THE COST OF TITLE INSURANCE OF THE TYPE INVOLVED.
TO MRS. MARY M. RYDQUIST, AUTHORIZED CERTIFYING OFFICER, BUREAU OF LAND MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR:
WE REFER TO YOUR LETTER OF MAY 19, 1967, YOUR REFERENCE 1382 (D 733B 2), FORWARDING FOR OUR ADVANCE DECISION THE RECLAIM TRAVEL VOUCHER OF MR. HUGO W. RIECKEN, AN EMPLOYEE OF THE BUREAU OF LAND MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR, FOR REIMBURSEMENT OF THE COST OF TITLE INSURANCE HE PURCHASED INCIDENT TO THE SALE OF HIS RESIDENCE AT HIS OLD DUTY STATION IN THE STATE OF OREGON IN CONNECTION WITH HIS TRANSFER TO SACRAMENTO, CALIFORNIA, UNDER ORDERS OF OCTOBER 3, 1967.
WE ENCLOSE A COPY OF OUR DECISION B-161459, JUNE 27, 1967, 46 COMP. GEN.- --, IN WHICH WE HELD THAT THE COST AN EMPLOYEE INCURS FOR TITLE INSURANCE IN CONNECTION WITH THE SALE OF A RESIDENCE MAY BE REIMBURSED UNDER SECTION 4 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 IF IT HAS BEEN SHOWN THAT THE SELLER OF REAL ESTATE CUSTOMARILY FURNISHES THE BUYER TITLE INSURANCE IN THE AREA INVOLVED.
SINCE THE CUSTOM OR PRACTICE IN ACCORDANCE WITH WHICH THE SELLER OF REAL ESTATE FURNISHES TITLE INSURANCE FOR THE BENEFIT OF THE BUYER IS NOT UNIFORM THROUGHOUT THE UNITED STATES INFORMATION MUST BE OBTAINED WITH REGARD TO THE CUSTOM AT THE PLACE WHERE A SALE OCCURS PRIOR TO REIMBURSING AN EMPLOYEE THE COST OF THE TITLE INSURANCE PURCHASED IN CONNECTION WITH THE SALE OF HIS RESIDENCE AT HIS OLD OFFICIAL STATION. IF IT IS SHOWN THAT UNDER LOCAL CUSTOM THE SELLER FURNISHES TITLE INSURANCE COVERAGE OF THE TYPE INVOLVED REIMBURSEMENT IS AUTHORIZED. IN THAT CONNECTION WE CONSIDER THAT IT IS THE CUSTOM IN A LOCALITY FOR THE SELLER TO FURNISH TITLE INSURANCE ONLY IF IT WOULD BE UNUSUAL FOR RESIDENTIAL PROPERTY TO BE SOLD IN THAT AREA WITHOUT PAYMENT BY THE SELLER OF THE COST OF TITLE INSURANCE OF THE TYPE INVOLVED.
THE VOUCHER WHICH IS RETURNED WITH THE SUPPORTING PAPERS MAY BE CERTIFIED FOR PAYMENT ONLY IF APPROPRIATE EVIDENCE OF LOCAL CUSTOM IS OBTAINED. THE SAME WOULD BE APPLICABLE IN THE CASES OF OTHER TRANSFERRED EMPLOYEES TO WHICH YOU REFER.