Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
                             _____________
 
                             August 3, 1998
                             _____________
 
                            GSBCA 14559-RELO
 
                    In the Matter of ROBERT B. STROM
 
 
        Robert B. Strom, Gore, VA, Claimant.
        Vivian A.  Davis,  Senior Attorney,  Real  Estate  Division,
   Department  of the Army,  Savannah District, Corps  of Engineers,
   Savannah, GA, appearing for Department of Defense.
 
   VERGILIO, Board Judge.
             The claimant seeks to recover those costs incurred
        in  the  sale   of  his  residence  which   the  agency
        disallowed.   The record  does not demonstrate  that in
        the area of the sale it was customary for the seller to
        incur  any of the  disallowed costs.   Accordingly, the
        claimant is not entitled to the reimbursement sought.
 
        With  a reporting date  in late October  1997, the claimant,
   Robert  B. Strom,  as a  civilian employee  of the  Department of
   Defense,  changed  duty   stations.    In  connection   with  the
   relocation, the agency  authorized the claimant to  be reimbursed
   for  the  sale  of  his residence  at  his  old  duty  station in
   Valdosta, Georgia.  The claimant sold  the residence for $27,250.
   He submitted a claim for $3414.30 in connection with the sale.
        The  agency reimbursed the claimant $1934.30.  It disallowed
   reimbursement  in  full for  appraisal ($275),  title examination
   ($350),  title insurance  ($50),  survey  ($250), mortgage  title
   policy ($120), and  title retrieval ($325), because  it concluded
   that  such were not items  customarily paid by  the seller in the
   given area.   The  agency now states  that title  retrieval costs
   (those  costs  incurred  in retrieving  the  title  document from
   storage) were properly  disallowed because they were  not part of
   the real  estate transaction.   Of requested recording  fees, the
   agency allowed $20 (for releases)  and disallowed $38 (for a deed
   and  a mortgage).   Of  requested  tax revenue  stamp costs,  the
   agency allowed  $27.30 (for the  deed) and disallowed $72  (for a
   mortgage).   It  concluded  that  these  portions  of  allowances
   reflect  customary seller expenses.  The agency contacted lending
   institutions  before it reached its conclusion  that a seller did
   not customarily  incur the costs  in question in  the area.   The
   claimant seeks reimbursement of $1480,  the sum of the disallowed
   amounts.
        Statute permits the  Government to pay an  employee expenses
   incurred in  the sale of  a residence  at the  old duty  station.
   However,  the reimbursement for brokerage fees and other expenses
   may  not exceed those  customarily charged in  the locality where
   the  residence is  located.   5  U.S.C.    5724a(d)(4) (Supp.  II
   1996).   Reimbursement  under the  statutory  subsection may  not
   exceed  ten percent  of the  sale price  of the  residence.   Id.
     5724a(d)(7)(A).
 
        In support of his position, the claimant references a letter
   from  the owner of  the realty company which  handled the sale of
   the property, which states in  relevant part:  "Please be advised
   that  the costs indicated  below are usual  and customary closing
   costs relative to the sale of your personal house located here in
   Valdosta, Georgia."  With the exception of title retrieval costs,
   it is not here disputed that  the costs are usual and  customary.
   What is at issue is whether or not the costs are customarily paid
   by the  seller.   The statement does  not support  the conclusion
   advanced by the claimant that  a seller customarily would pay the
   costs.
 
        The claimant also relies upon  a letter from a mortgage loan
   assistant  at a bank and  trust company at  the old duty station,
   which states:
        Please be  advised that  most closing  costs associated
        with  the  buying   and  selling  of  a   home  in  the
        Valdosta/Lowndes County area are completely negotiable.
        The pest  inspection, transfer  tax, doc  prep for  the
        warranty deed  and deed prep  fee are, by law,  paid by
        the seller on a conventional loan.   However, all other
        closing costs are negotiated by both parties and can be
        paid  by either  the buyer  or seller.   It  is neither
        customary for the buyer nor customary for the seller to
        bear these expenses but completely negotiable.
        The  record lacks  an affirmative  statement  that a  seller
   customarily would  have incurred  any of the  costs in  question,
   including those of title retrieval.  This situation  differs from
   those  instances  in  which  the  Board found  that  a  customary
   practice existed.   E.g., Steven D. Ward,  GSBCA 14306-RELO (June
   11, 1998).
 
        The claimant is not entitled to reimbursement.
 
                                 ____________________________
                                 JOSEPH A. VERGILIO
                                 Board Judge