Board of Contract Appeals General Services Administration Washington, D.C. 20405 ________________________________ September 10, 1999 ________________________________ GSBCA 14909-RELO In the Matter of STANLEY H. LEVINE Stanley H. Levine, Alexandria, VA, Claimant. Captain Christian J. Knapp, Claims Judge Advocate, United States Army Communications-Electronics Command and Fort Monmouth, Fort Monmouth, NJ, appearing for Department of the Army. WILLIAMS, Board Judge. Claimant, Stanley H. Levine, a civilian employee of the United States Army, seeks reimbursement of additional attorney fees and courier charges incurred in selling his home in conjunction with his permanent change of station. Because the additional legal fees exceed the amount customarily charged in the locality and the courier charges are not reimbursable under applicable regulations, we deny the claim. Background On December 15, 1997, claimant was notified that he was to be transferred from Fort Monmouth, New Jersey, to the Army Digitization Office at the Pentagon, Washington, D.C. On May 26, 1998, claimant reported to his new permanent duty station, and on August 14, 1998, the closing on the sale of his home in New Jersey occurred. On December 21, 1998, claimant submitted a claim for $13,350 for expenses incurred in the sale of his home. The Army approved reimbursement of $12,705, including $650 for attorney fees, which is the average attorney fee for a residential sale in the locality. However, claimant actually paid an additional $550 in attorney fees in conjunction with the sale, for which he was not reimbursed. Of this amount, $450 represents the attorney fees claimant incurred in connection with a sales transaction which was canceled by the potential buyers. The additional $100 over and above the average fee of $650 represented legal work for complexities in the sale due to a leak in claimant's underground oil tank. Additionally, claimant sought reimbursement for a $25 courier charge incurred on the advice of his attorney in transmitting payoff quotes. These quotes are valid for at least fifteen days and normally for thirty days. According to the agency, courier charges for payoff quotes are not reimbursable in the area. Discussion Attorney Fees A transferred employee s entitlement to reimbursement of real estate expenses incurred incident to relocation is governed by statute, 5 U.S.C. 5724a(d) (Supp. II 1996), as implemented by applicable provisions of the Federal Travel Regulation (FTR) and the Joint Travel Regulations (JTR). The statute cautions: Reimbursement for brokerage fees on the sale of the residence and other expenses under this subsection may not exceed those customarily charged in the locality where the residence is located. Id., 5724a(4). 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) (1997); JTR C14002-A.3. The Board recently applied these statutory and regulatory provisions in a similar case, Margaret Kasper, GSBCA 14411-RELO, 99-1 BCA 30,119. In Kasper, the Board denied reimbursement of additional attorney fees above the average customarily paid in the locality, incurred in connection with a sale which never transpired, citing, 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) (reimbursement limited 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) (denial of legal fees over and above the amount customarily paid in Atlanta, Georgia). Here, as in Kasper, claimant does not dispute that the amount he was reimbursed, $650, is the average attorney fee for the services provided in the locality in question. Rather, he contends that he should be reimbursed for additional legal fees he actually incurred due to a canceled transaction and complexities in the sale. As we decided in Kasper, the applicable regulations do not permit reimbursement of attorney fees which exceed the amount customarily charged in the locality. The costs of the canceled transaction and complications associated with claimant's home sale here need not be borne by the agency. Courier Charge Claimant s argument that his courier charge is reimbursable because he and the attorneys involved determined this charge to be a necessary expense is also without merit. Claimant contends that the $25 charge for overnight delivery of a payoff quote was a required service. The agency disagrees, pointing out that the payoff quote was valid for a minimum of fifteen days and normally for thirty days and that courier charges for delivery of payoff quotes are not customarily reimbursed in the locality. Claimant does not proffer any contrary evidence suggesting that courier charges for this purpose are customary. 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." Kasper, 99-1 BCA at 149,014; Sarah Blanding, GSBCA 14493-RELO, 98-2 BCA 29,790. Further, this Board denied reimbursement of courier charges incurred in connection with a real estate closing in Charles A. Peters, GSBCA 13643-RELO, 97-1 BCA 28,689. In Peters, the Board recognized that courier charges are not listed as reimbursable items under the regulations delineating allowable expenses for sale or purchase of residences in the FTR or the JTR. We also noted in Peters that courier costs are not "similar in nature" to costs which are reimbursable, such as broker fees, advertising expenses, title searches, or recording fees. As such, the agency properly denied reimbursement of the courier cost. Decision The claim is denied. ________________________________ MARY ELLEN COSTER WILLIAMS Board Judge