California Disclosure Basics for San Jose Sellers

Selling a home in San Jose means more than cleaning, staging, and pricing. Your disclosures set the tone for trust, reduce your risk, and can speed up escrow. If you are unsure where to start, you are not alone. Most sellers want a simple, clear roadmap so nothing gets missed. In this guide, you will learn which forms you need, common local issues in Santa Clara County, and the best timing to keep your sale moving. Let’s dive in.

California seller disclosure basics

In California, sellers must disclose all known material facts that could affect a buyer’s decision. The law focuses on transparency, and both you and your licensed agent share responsibility for providing the required forms.

Here are the core disclosures you will likely provide in San Jose:

Transfer Disclosure Statement (TDS)

The TDS lists your knowledge of the property’s condition, including systems, past or present issues, and any known defects. You complete it, often with your agent’s help. Most brokerages expect this early so buyers can review it during showings or before writing an offer.

Natural Hazard Disclosure (NHD)

The NHD tells buyers whether your property sits in a state‑designated zone, such as flood, very high fire hazard severity, earthquake fault, or seismic hazard areas. Title companies or third‑party vendors commonly prepare this report. Provide it early to avoid delays or buyer cancellation rights tied to late delivery.

Lead-based paint (pre‑1978 homes)

If your home was built before 1978, you must give buyers the federal lead safety pamphlet and disclose any known lead hazards. Buyers typically receive time to conduct a lead inspection, often about 10 days depending on contract terms.

HOA and planned communities

If your home is in an HOA or a condominium, you must provide current association documents, including CC&Rs, bylaws, rules, budgets, reserve studies, and any notices of pending litigation. These packages can take time, so plan ahead to meet state delivery timelines.

Special taxes and Mello‑Roos

Special taxes or assessment districts can affect your annual property tax bill. Disclose what you know, and review your Santa Clara County tax bill for community facilities districts, school bonds, or parcel taxes. Buyers appreciate clarity on carrying costs.

Safety devices and pool compliance

California requires functional smoke alarms and carbon monoxide devices, plus earthquake bracing for water heaters. If you have a pool or spa, barrier and safety rules may apply. Confirm compliance and be ready to state it in your disclosures.

Wood-destroying pest (termite) information

While not always mandatory to provide upfront, buyers often request a current wood-destroying organism report. If you know about active infestations or past damage, disclose it. Many sellers order an inspection pre‑listing to streamline negotiations.

Utilities, sewer, and septic

You must disclose if your home is on public sewer, a private system, or septic. Local rules can affect sewer lateral responsibilities, so check current City of San Jose and Santa Clara County guidance and share what you learn.

Environmental and neighborhood matters

Disclose known contamination, underground tanks, noise or nuisance issues, or proximity to industrial sites if you are aware of them. California sellers and agents also provide the statewide sex offender registry notice as part of standard paperwork.

San Jose and Santa Clara County checks

San Jose sellers face a mix of regional hazards and city processes. These common local issues are worth a careful look:

• Earthquake and fault zones. Review whether your property lies within an Alquist‑Priolo Earthquake Fault Zone or a seismic hazard zone for liquefaction or landslides. Hillside and foothill areas are more likely to intersect with mapped zones.
• Wildfire severity. Cal Fire maps identify very high fire hazard severity zones. While much of San Jose is urban, the city’s edges near open space can show higher risk.
• Flood risk and stormwater. FEMA Flood Insurance Rate Maps show special flood hazard areas. Some neighborhoods experience seasonal creek or drainage impacts, which are material if you know them.
• Sewer lateral responsibilities. Many Bay Area cities have private sewer lateral requirements triggered by sale or permit. Check the current City of San Jose guidance and disclose what applies to your property.
• Local assessments. Santa Clara County parcel records and tax bills show special taxes and assessments. Review them so you can disclose accurately.
• Hazardous sites. County and state agencies track cleanup and response sites. If you know about proximity to an identified site, disclose it.
• Permit history. Unpermitted additions or conversions are material and must be disclosed if known. You can check the City of San Jose Building Division records to confirm prior permits.

When to deliver disclosures

Timing matters. The earlier buyers see complete disclosures, the smoother your sale. Many listing agents assemble a full disclosure packet for buyers during showings and before offers.

• Pre‑listing. Prepare your TDS, Seller Property Questionnaire, and order the NHD so the core items are ready early.
• At listing. Share the disclosure packet through your agent’s MLS process, including HOA documents if applicable.
• In escrow. Deliver any remaining statutory items and updates. If inspections reveal new issues, disclose those promptly.

Seller checklist: 2–6 weeks before listing

Get ahead with a simple preparation plan:

1. Pull your current Santa Clara County property tax bill and parcel details to identify special taxes or assessments.
2. Order a Natural Hazard Disclosure report through your title company or a vendor so hazards are known up front.
3. Complete the TDS and Seller Property Questionnaire with full, accurate answers.
4. Gather permits, repair receipts, contractor invoices, warranties, roof reports, and utility records.
5. If you are in an HOA, order the resale package early. Delivery can take time.
6. Consider a wood‑destroying pest inspection so you can address items or set expectations.
7. Check City of San Jose and county requirements related to sewer lateral responsibilities, smoke and CO devices, water heater strapping, and pool safety. Obtain any needed certifications.
8. If the home was built before 1978, provide the lead‑based paint pamphlet and prepare the lead disclosure.

Common pitfalls to avoid

Even strong listings can get bogged down by disclosure issues. Watch for these snags:

• Ordering the HOA package too late. Association managers often need days or weeks. Early orders prevent contract delays.
• Waiting on city or county certifications. If repairs are needed for a sewer lateral or safety devices, build time into your plan.
• Delivering disclosures after offer acceptance. Late disclosures can create buyer cancellation rights and tension in escrow.
• Assuming “as‑is” means no disclosure. You still must disclose known material facts, even in an as‑is sale.
• Skipping past repairs in your answers. Disclose prior water or pest damage and provide receipts or warranties when you have them.
• Overlooking special taxes. Surprises on property tax bills can worry buyers. Early clarity builds trust.

What happens if something is not disclosed

If a required disclosure is missed or a known material issue is not revealed, the buyer may have remedies. These can include cancellation, damages, or claims based on misrepresentation. Consequences depend on the facts of the case. If you learn new information after disclosures go out, tell your agent immediately so updates reach the buyer.

How we help you disclose with confidence

Our family team simplifies disclosures so you can focus on your move. We help you organize the TDS and Seller Property Questionnaire, coordinate the NHD early, and line up key documents like HOA resale packages, permits, and invoices. We also connect you with trusted inspectors, including WDO, so you head into the market with fewer unknowns.

You get a clear plan, better buyer confidence, and fewer surprises in escrow. When questions arise, we guide you to the right city or county resource and recommend consulting your broker or attorney for complex situations. The goal is simple, transparent, and timely disclosures that protect you and keep your sale on track.

Ready to start? Request your complimentary listing prep and disclosure plan. Unknown Company can help you move forward with clarity.

FAQs

What disclosures must San Jose sellers provide?

• You must disclose all known material facts, including condition, systems, past damage and repairs, environmental hazards you know about, HOA membership, and placement in state‑designated hazard zones using forms like the TDS, NHD, and lead‑based paint disclosure where applicable.

Does selling “as‑is” remove my duty to disclose?

• No. As‑is does not remove the obligation to disclose known material defects. It may limit repairs you agree to, but you still must share what you know.

How do I get the Natural Hazard Disclosure?

• Your listing agent or escrow typically orders it from a title company or an NHD vendor. It should be delivered early so buyers can review it before writing offers.

How do Mello‑Roos and special taxes affect my sale?

• They increase annual carrying costs. Disclose early by reviewing your Santa Clara County tax bill and any CFD documents so buyers understand the long‑term cost.

Do I have to disclose past water or termite damage if repaired?

• Yes. Disclose known past issues and describe repairs and warranties if you have them. Provide receipts or contractor paperwork when available.