Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
                            _______________
 
                            August 12, 1998
                            _______________
 
 
                            GSBCA 14613-RELO
 
                    In the Matter of DALE W. STAKES
 
 
        Dale W. Stakes, Battleboro, NC, Claimant.
        Judy Hughes, Travel  Policy, Defense Finance and  Accounting
   Service, Columbus Center, Columbus,  OH, appearing for Department
   of Defense.
   VERGILIO, Board Judge.
 
             A relocated employee  incurred costs for obtaining
        a  survey and costs related to subdividing his property
        in selling his residence at  the old duty station.  The
        agency maintains that, at the location of the residence
        in Pennsylvania, such costs are customarily paid by the
        buyer.  This is the conclusion of an agency real estate
        officer  located  in Massachusetts,  not  Pennsylvania.
        The record lacks specific information in support of the
        conclusion; that  is, the  record does  not reveal  the
        knowledge,  information or  experience of  the officer,
        which  might  lend  credence  to  the  conclusion.    A
        statement from a  realtor in the  locality of the  sale
        indicates that such  costs are customarily paid  by the
        seller.   The  record supports  the  conclusion of  the
        claimant, not  that of  the  agency.   The claimant  is
        entitled to reimbursement of the costs in question.
 
        With a reporting date of July 7, 1997, the claimant, Dale W.
   Stakes,  as a  civilian employee  of  the Department  of Defense,
   changed permanent  duty stations within  the United  States.   In
   connection with the relocation, he was  entitled to be reimbursed
   for  expenses  incurred  in  connection  with  the  sale  of  his
   residence  at   the  old  official   duty  station.     5  U.S.C.
     5724a(d)(1), (4) (Supp. II 1996).
 
        The  claimant  sold  his   residence,  located  in   Albion,
   Pennsylvania, at the old duty  station.  Although he attempted to
   sell his  house with ten acres of land,  he received an offer for
   the house and fewer acres.  A survey was necessary and performed;
   the property was  subdivided such that the sale  occurred for the
   house and  approximately seven  acres.   The claimant  incurred a
   cost  for a  survey ($900),  a  notary fee  for subdivision  maps
   ($22), and a cost for a re-plot plan ($50).
        The  agency denied the reimbursement of these costs "because
   they  are  not expenses  customarily  paid  by  the seller  of  a
   residence  in the  area."   This  reflects the  conclusion of  an
   agency real estate officer located in Boston, Massachusetts.  The
   record does not reveal the knowledge or experience of the officer
   regarding  the locality  of the  sale, and  does not  reveal what
   information was utilized to support the conclusion reached.
 
        The record  includes a letter  from the realtor  utilized by
   the claimant in the sale of the residence, written based upon her
   experience.   The letter  states  that surveys  are not  normally
   required in the city of Erie.  However, for homes with acreage in
   the country (as opposed to  the city), surveys are required given
   that most of  the land had  been farmland deeded to  a particular
   family and  that, thereafter,  the land was  conveyed within  the
   family  utilizing descriptions based upon trees or other objects.
   The realtor further specifies that a survey had to be done of the
   property  in question.  Moreover, in the area, "it is pretty much
   know[n] that sellers will  pay for all surveys that must  be done
   on [their] land, not the buyer."
        Applicable regulation  permits, if  customarily paid  by the
   seller of a residence at the old duty station and the amount does
   not  exceed  that customarily  charged  in  the  locality of  the
   residence,  the   reimbursement  of  costs   of  making  surveys,
   preparing drawings or plats when required  for legal or financing
   purposes, and similar  expenses.  Department of  Defense Civilian
   Personnel  Joint Travel  Regulations  (JTR)  C14002-A.3.d and  e;
   Federal   Travel    Regulation   (FTR),    41   CFR    302-6.2(c)
   (1997).[foot #] 1
        The record supports  the contention of the claimant that the
   costs incurred are  customarily paid by the seller.   The actions
   underlying the costs were necessary to accomplish the sale of the
   residence and associated  acreage.  The  agency does not  contend
   that the costs are other than those customarily charged.
 
        The record  demonstrates that  the claimant  is entitled  to
   reimbursement of $972 for the costs incurred.
 
                                 ____________________________
                                 JOSEPH A. VERGILIO
                                 Board Judge
 
                                                                    
                   ----------- FOOTNOTE BEGINS ---------
 
        [foot #] 1 The agency has not suggested, and the record does
   not demonstrate,  that the sale  involves land in excess  of that
   which reasonably relates to the residence site; there is no basis
   to pro rate reimbursement.  JTR C14000-F.2.b.