Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
 
 
                     ______________________________
 
                            October 30, 1998
                     _____________________________
 
 
                            GSBCA 14411-RELO
 
 
                    In the Matter of MARGARET KASPER
 
 
        Margaret Kasper, Sabana Seca, PR, Claimant.
 
        Capt.  Steven J. Fromm, Claims Judge Advocate, United States
   Army  Communications-Electronics  Command,   Fort  Monmouth,  NJ,
   appearing for the Department of the Army.
 
   WILLIAMS, Board Judge.
 
        In   conjunction  with  her  permanent  change  of  station,
   claimant seeks additional  attorney fees  incurred in  connection
   with the sale  of her home.  Because these additional fees exceed
   the  amount customarily  charged  in the  locality,  we deny  the
   claim.
 
                               Background
 
        Claimant,  Margaret  Kasper, a  civilian  employee  with the
   Department of  the Army, was  transferred from the  United States
   Army  Research Laboratory at  Fort Monmouth, New Jersey,  to DCMC
   Americas - Puerto Rico in February 1996.  In conjunction with her
   move,  the Army  paid  real estate  transaction  expenses in  the
   amount of $12,372.  Included in this amount was $600 for attorney
   fees incurred in conjunction with the  sale of her home in Tinton
   Falls,  New Jersey. However, claimant actually paid an additional
   $775 in attorney fees in conjunction with the sale.
 
        The  agency denied the additional attorney fees because $600
   is the average  attorney fee for a residential  real estate sales
   transaction in the locality where claimant sold her home.
 
        Claimant does not dispute the Army's contention that $600 is
   the average  attorney fee  for the  locality.  Instead,  claimant
   contends  that she  should be  fully  reimbursed for  all of  her
   attorney fees in the amount of $1375.
 
        In support of  her claim claimant submitted  a detailed bill
   which  indicated that  some $700  of  the fees  were incurred  in
   conjunction  with  two  previous purchasers  who  canceled  their
   contracts.   In addition,  $175 represented a  power of  attorney
   from claimant and her husband to their attorney and a  filing fee
   of $25 for the power of attorney.
 
                               Discussion
 
        A  transferred employee's  entitlement  to reimbursement  of
   real  estate expenses incurred incident to relocation is governed
   by  statute, 5  U.S.C.    5724a(a)(4)  (1994), as  implemented by
   applicable  provisions of the Federal Travel Regulation (FTR) and
   the  Joint Travel  Regulations  (JTR).    The  statute  cautions:
   "Reimbursement  of expenses under  this paragraph may  not exceed
   those customarily charged in the locality where  the residence is
   located, and reimbursement may not be made for losses on the sale
   of  the  residence."   Id.    The  applicable  regulations permit
   payment of attorney  fees if customarily paid by the  seller of a
   residence at the old official duty station  to the extent they do
   not exceed  amounts customarily charged  in the  locality of  the
   residence.  FTR 302-6.2(c); JTR C14002-A.3. 
 
        Thus,  the statute and regulations clearly limit recovery of
   legal fees incurred in connection with the sale of real estate to
   those customarily charged in the locality of the residence.
 
        The  Government has  represented that  $600  is the  average
   attorney fee charged in the 
   Tinton   Falls,  New  Jersey,  area  for   a  real  estate  sales
   transaction  and is the maximum allowable legal expense which the
   Department  of  the Army  considers  to be  fair  and reasonable.
   Claimant has not  disputed this and has not  offered any evidence
   suggesting that any higher legal  fee is customarily paid in that
   locale.    In  fact,  the  itemized  bill  submitted  by claimant
   indicates that  much of the  legal fees  over and above  $600 are
   attributable to two sales transactions which never transpired.
 
        As we  have consistently  held, "[w]hen  questions of  local
   custom arise, the burden is on the claimant to show why he or she
   should  prevail."   See, e.g., Sarah  Blanding, GSBCA 14493-RELO,
   98-2 BCA   29,790.  Here, claimant has not done so.
 
        Both this Board and the General Accounting Office (GAO) have
   recognized that reimbursement of  legal fees is limited to  those
   customarily charged  in the locality  of the transaction.   E.g.,
   Edward C. Brandt,  GSBCA 13649-RELO, 97-2 BCA    29,054 (attorney
   fee of $75  allowed as apparently within customary  range paid in
   locality);  Gregory A.  Moore, B-249311,  et  al. (Feb. 4,  1993)
   (Department  of  Veterans  Affairs limited  reimbursement  to the
   amount of  legal fees  for real  estate transactions  customarily
   paid  in  Iowa  City,  Iowa.); accord  David  R.  Petak, B-247860
   (July 23, 1992) (GAO upheld agency  denial of legal fees over and
   above the amount customarily paid in Atlanta, Georgia).
 
                                Decision
 
        The claim is denied.
   ________________________________
 
                                      MARY ELLEN COSTER WILLIAMS
                                      Board Judge