Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
                            _______________
 
                            November 3, 1998
                            _______________
 
 
                            GSBCA 14650-RELO
 
                In the Matter of MARSHA A. HUTTENLOCHER
 
 
        Marsha A. Huttenlocher, Geneseo, IL, Claimant.
        Larry D. Manecke, Office of Counsel, Department of the Army,
   Rock Island Arsenal, Rock Island, IL, appearing for Department of
   Defense.
   VERGILIO, Board Judge.
 
             A  relocated employee seeks  to be  reimbursed for
        survey costs she incurred to obtain a legal description
        of her property for sale; the new description conformed
        to state statute and would  permit the recording of the
        sale.    The  seller incurred  the  survey  expenses to
        properly  convey   the   property.      The   cost   is
        reimbursable,  as   it  was  customary   for  similarly
        situated owners to incur such  a cost, not customary to
        pass the cost to the purchaser, and the cost was within
        the range of customary charges.
 
        With  a  reporting date  of  August 4,  1997,  the claimant,
   Marsha A. Huttenlocher, a civilian  employee of the Department of
   Defense,  changed  permanent  duty  stations  within  the  United
   States.  In  connection with the relocation, she  was entitled to
   be reimbursed for expenses incurred  in connection with the  sale
   of  her residence  at the  old  official duty  station, with  the
   reimbursement of expenses not to exceed those customarily charged
   in the  locality of the  residence.  5 U.S.C.    5724a(d)(1), (4)
   (Supp. II 1996).
 
        With a closing date of April 24, 1998, the claimant sold her
   residence,  located in  Elizabeth,  Illinois,  at  the  old  duty
   station.  When she prepared to sell the house, the existing legal
   description   did  not  satisfy  state  law  (which  had  changed
   subsequent  to when  the claimant  purchased  the residence)  for
   purposes of recording  the conveyance.  In order to  obtain a new
   legal  description,  a  survey  was  required.    The  claimant's
   attorney engaged the services of  a survey company to perform the
   survey.  The  claimant incurred a survey expense  of $815.60, for
   which she seeks reimbursement.
 
        The  agency denied  the reimbursement of  these costs.   Its
   rationale  included the following,  in addition to  a recognition
   that the  claimant has  the burden of  establishing that,  at the
   time  of  the sale,  the costs  were  within the  range  of those
   customarily charged and  were customarily incurred by  the seller
   in the locality.
        After further research as to what is customary for this
        area,  it was found  that survey costs  are customarily
        paid  as  agreed to  by  the  offer  to purchase.    In
        addition, there is  no requirement that the  seller pay
 
        this  expense  as  a  condition  to  the  sale  of  the
        property.  . . .   In this case, the legal  description
        was not  acceptable and [the]  County Recorders' Office
        would not convey good title without a survey.  Even so,
        it was  not necessary incident  to the sale or  was not
        customary in this area.
        The Department  of Defense  Civilian Personnel Joint  Travel
   Regulations (JTR) identify as reimbursable the costs of preparing
   conveyances, other instruments,  and contracts, and the  costs of
   surveys,  "when  required  for  legal  [or] financing  purposes."
   These costs are reimbursable "if they are customarily paid by the
   seller  of a residence  at the old official  station" and "do not
   exceed  amounts  customarily  charged  in  the  locality  of  the
   residence."  JTR C14002-A.3.d;  Federal Travel Regulation  (FTR),
   41 CFR 302-6.2(c) (1997).
        As the agency recognizes, the survey  was obtained for legal
   purposes  by the claimant--to record the property description and
   pass good title to the buyer.   The change in statute, subsequent
   to the claimant  obtaining the property,  made the incurrence  of
   such  a   cost  necessary  and,  without  contravening  evidence,
   customary for similarly  situated owners.  Although  a survey may
   be required for a purchaser  to obtain financing, and the payment
   of those costs may be negotiable,  a survey for that purpose  was
   not here involved.
        This claimant obtained the survey in order to provide a good
   and sufficient, and recordable warranty deed pursuant to the real
   estate contract to sell the  residence.  The attorney who handled
   the transaction  for the claimant,  who has over thirty  years of
   experience in real estate transactions in the county, states that
   the survey costs  were an ordinary and customary seller's expense
   in a transaction of the  type involved, and that the  charges are
   usual and customary for the  work performed.  The agency has  not
   demonstrated what its research entailed, such  that the basis for
   and validity of its conclusions are not supported in the record. 
        The claimant has  met her burden.   The record  demonstrates
   that the survey costs, incurred  by the seller, were  customarily
   borne by the seller, and were reasonable and customary in amount.
   The  claimant is  entitled to  reimbursement of  $815.60  for the
   costs incurred.
 
 
                                 ____________________________
                                 JOSEPH A. VERGILIO
                                 Board Judge