Request for Reimbursement of Real Estate Expenses

An advance decision was requested as to whether the time limitation contained in regulations for the completion of the sale of an employee's former residence may be extended for a second time. An employee attempted to sell his residence at his old duty station and, when it was not sold at the end of the initial time limit prescribed by his agency's travel regulations, he obtained a 1-year extension. The employee requested an additional extension to complete the transaction. In addition to the reasons advanced by the employee as to why the residence remained unsold, agency officials stated that the employee's work placed severe constraints on the time which he could have used for selling the residence. Under the applicable regulation, an employee's initial period of 1 year for the completion of real estate transactions may be extended by the head of the agency for an additional period, not to exceed 1 year, as long as it is determined that the particular transaction is reasonably related to the transfer of official station. In the present case, this additional period had already expired. GAO held that, while it is unfortunate that the employee experienced difficulties in selling his residence, the regulations have the force and effect of law and may not be waived by any department of the Government in an individual case. Accordingly, the employee was not entitled to reimbursement since he did not sell his residence within the prescribed 2-year period.