Board of Contract Appeals

                 General Services Administration

                      Washington, D.C. 20405







                    _________________________



                         January 24, 2002

                    _________________________





                         GSBCA 15542-RELO





               In the Matter of RICHARD G. BRITNER     





     Richard G. Britner, Helena, MT, Claimant.



     Jani Willis, Acting Executive Director, Heartland Finance Center, General Services

Administration, Kansas City, MO, appearing for General Services Administration.



WILLIAMS, Board Judge.



     A relocated employee who is the purchaser of a home at the new duty station may not

be reimbursed for a broker's commission.



                            Background



     Effective August 14, 2000, claimant, Richard G. Britner, was transferred from

Lakewood, Colorado, to Helena, Montana, in the interest of the Government.  Claimant was

authorized real estate expenses in connection with his relocation. 



     In August 2000, claimant was encountering problems finding a house in his price

range that would meet his needs.  He finally found a home he could afford, but it was a "sale-

by-owner" property.  The owner gave claimant a standard contract to review, but then hired

a lawyer and gave claimant an additional, different contract to review which, in claimant's

view, "leaned heavily in favor of the owner."  Claimant refused to sign that contract, but

because of time restraints had an agent from the real estate broker Coldwell Banker review

the proposed contract.  This employee of Coldwell Banker informed claimant that he "was

being taken" and that the proposed contract did not cover the requirements for a Veterans

Administration (VA) loan.  Therefore, claimant hired the Coldwell Banker employee "to

draft a contract that was legally sound and fair in accordance with the VA requirements and

Montana law."  The contract which claimant alleges Coldwell Banker drafted for him was

a form buy-sell agreement copyrighted by the Montana Association of Realtors.



     Claimant entered into a "Buyer Broker Agreement" with Coldwell Banker Ahmann

Bros. as "buyer's sole and exclusive broker" to "negotiate terms and conditions acceptable

to Buyer."  This contract expressly provided that the buyer was to pay the broker 3% of the

purchase price as the broker's commission.



     Claimant paid $117,000 for the house and paid Coldwell Banker 3% of that amount,

i.e.,  $3510.  The agency refused to reimburse this amount, reasoning that Coldwell Banker

was acting as a broker.



                            Discussion



     Although claimant  has attempted to characterize Coldwell Banker's fee as an attorney

fee for drafting a contract, the record reveals that the $3510 was clearly a broker's

commission.  As such, claimant cannot recover this amount.  Federal Travel Regulation

302-6.2(a) expressly provides that broker fees or real estate commissions are not

reimbursable in connection with the purchase of a home at the new official station. 

41 CFR 302-6.2(a) (2000).  We have consistently applied this regulation to preclude the

reimbursement of broker's fees paid in connection with the purchase of a home.  Jeffrey P.

Zippin, GSBCA 15115-RELO, 00-1 BCA   30,744; Terry Beck, GSBCA 14590-RELO, 98-2

BCA   29,969; Joseph H. Rosen, GSBCA 13799-RELO, 97-1 BCA   28,708 (1996);

Charles A. Peters, GSBCA 13643-RELO, 97-1 BCA   28,689 (1996); cf. Barbara M.

Singleton, GSBCA 15456-RELO, 01-2 BCA   31,634 (claimant entitled to reimbursement

of $425 attorney fee where letter from counsel credibly explained that charges were in fact

legal expenses).



                             Decision



     This claim is denied.







                                   ________________________________

                                   MARY ELLEN COSTER WILLIAMS

                                   Board Judge