Is a Flagpole a fixture?

By
Real Estate Agent with Keller Williams Realty Centre

I get a call from my seller after the final walk thru happens and the question of the day was "Does my flagpole go with the home?"       My answer was - that is an interesting quesiton and I don't have a clear answer for you right now.    He goes on to tell me that he has an emotional connection to the flagpole and his son already dug up the concrete and removed the pole and concrete and put it in his yard.       This was the first I ever heard that was anything interesting about this flagpole. 

So I decided to post on facebook to see what other realtors thought and I got a WIDE range of comments, suggestions, and opinions.   At the end of the day, most Realtors thought it was in one of those gray areas.   

How I ultimately advised my clients is I am not sure whether it is considered a fixture or not but the contract says that the home has to be in the same condition as when the buyer put the offer on the property unless otherwise agreed upon.   So since the flagpole was there when they wrote the offer there needs to be a flagpole with the home.  

Client understood and has purchased another flagpole.    I wanted to see your thoughts and see if anyone has had similar situations with other "unclear" fixtures.    Make it a great day!

Posted by

Facebookyoutubetwitterlinkedin

 

Comments (4)

Rob D. Shepherd
Windermere/lane county - Florence, OR
Principal Broker GRI, SRES

What a head scratcher! If it was bolted to the house it would be a NO Brainer. Being Free standing, I don't know. In the future if I list one like that I will have the sellers take it down first if it goes with them.

Jul 22, 2011 02:39 AM
Jeanne M. Gavish
Jeanne Gavish, Keller Williams Realty Elite Partners - Spring Hill, FL
Keller Williams Realty Elite Partners - CIPS,GRI,S

Laura, Florida Law is very clear that if it is permanently attached, it is a fixture.  The law describes "method of annexation" as one of the court tests for fixtures.  It it was concreted in, it stays.

Jul 22, 2011 02:39 AM
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

I'm not sure !  Good news for this blog post -  http://actvra.in/4hVj

Jul 19, 2014 11:07 PM
Anonymous
Paul

My 20 ft telescoping pole sits in a pvc sleeve which is in concrete. The pole can be removed for storms. Is that considered attached?

Feb 12, 2019 08:06 AM
#4