California Statewide Requirements
San Jose sellers must comply with California's full residential disclosure regime:
Transfer Disclosure Statement (TDS): Required for all 1–4 unit sales under Civil Code §1102. Covers physical condition, known defects, neighborhood issues, and HOA information.
Natural Hazard Disclosure: Santa Clara County has several relevant hazard zones:
Order your NHD report from a licensed provider before listing.
Lead Paint Disclosure
Required for pre-1978 homes. Disclose any known lead paint or hazards, provide the EPA pamphlet, and allow the buyer a 10-day inspection period.
Santa Clara County Transfer Tax
$1.10 per $1,000 of sale price (county) plus city transfer taxes where applicable. San Jose charges an additional $3.30 per $1,000 on sales above $2M (Measure E, passed 2020).
PCOR — Preliminary Change of Ownership Report
Required at closing, filed with the Santa Clara County Assessor. This triggers property tax reassessment (Proposition 19 rules apply).
Smoke and CO Detectors
California requires functioning smoke detectors and carbon monoxide detectors. For FSBO sales, the seller signs a compliance statement. Water heater bracing is also required.
Mello-Roos and HOA
Many San Jose communities (especially newer developments) have Mello-Roos special taxes. Disclose the annual amount — it's a material fact that affects buyer affordability.
If in an HOA, provide the full resale disclosure package: CC&Rs, financials, meeting minutes, pending assessments.
Download California disclosure forms and find flat fee MLS services.