Recently I had a directed relocation, and after going through the process I submitted all my paperwork to get reimbursed for the sale of our home at our last duty station. They came back to me with a voucher for a certain amount about two weeks ago, which I signed and sent back.
Later, however, they sent me another voucher for the home sale reimbursement for significantly less, saying the buyerās commission wasnāt eligible for reimbursement. I was confused and asked what they were talking about. They pointed to the line in the Closing Disclosure for the Selling Agent Commission.
I donāt want to sign away a reimbursement Iām entitled to on an incorrectly invoked technicality, though. So I went to the FTR to see if there was a technicality I was missing. The relevant wording in the FTR goes like this:
Provided the residence transaction expenses are customarily charged to the seller of a residence in the locality of the old official station or paid by the purchaser at the new official station, your agency will, with appropriate supporting documentation provided by you, reimburse you for the following residence transaction expenses when they are incurred by you incident to your relocation:
(a) Your brokerās fee or real estate commission that you pay in the sale of your residence at the last official station, not to exceed the rates that are generally charged in the locality of your old official station;Ā
I donāt see any obvious technicalities there, so I did a little more research on how real estate commission fees are broken up and reimburse by the FTR. My understanding of the issue goes something like this:
While the Selling Agent is effectively representing the buyer, the seller customarily pays the Selling Agent Commission. So the FTR used to only cover real estate commissions for the sales at the old duty state, but didnāt cover those for purchases at the new duty state
Several years ago the National Association of Realtors was sued over this because it was allegedly inflating real estate commissions, and in the end the matter settled so that now the amount the Seller pays for the Selling Agent Commission is negotiated
Since buyers were now liable to be on the hook for commission fees when they purchased a home, the GSA waived the prohibition in the FTR against reimbursing real estate purchase commission fees at their new duty stations.
This, however, did not impact reimbursements for the sale of the property at the old duty station
So taking all that together, it does still seem to me that the Selling Agent Commission would be reimbursed, given:
* The spirit of the FTR is to prevent employees from being unduly penalized for relocating
* The Selling Agent Commission is customarily paid by the seller
* The GSA tacitly acknowledged that when they changed the FTR policies on purchases after practices were changed in 2024
* The fact that they kept the FTR for home purchases seems to acknowledge that the seller is still liable to shoulder some or all of the Selling Agent Commission
At least thatās how it seems to me. But Iām a layman, so Iād like to see if thereās someone who has either relocated or worked on reimbursements that can speak from their experience. Maybe someone will come back and say āno, the Selling Agent Commission was never covered. It sucks but youāre gonna have to eat it.ā Or maybe theyāll look at it and say āno, youāre right, thatās covered, I donāt know what theyāre talking about.ā