San Jose Home Seller Disclosure Requirements (2026)
Santa Clara County sellers follow California's disclosure framework — the most comprehensive in the United States — plus some county-specific considerations around earthquake risk and wildland fire that affect disclosure and insurance.
California's Required Disclosures
Transfer Disclosure Statement (TDS) — California Civil Code §1102. Mandatory, no alternative. Sellers complete Part II disclosing all known defects, nuisances, and material conditions. This covers structural, roof, foundation, electrical, plumbing, HVAC, water intrusion, HOA issues, past insurance claims, notices of violation, pending assessments, and all other known material conditions.
Natural Hazard Disclosure (NHD) Report — Required disclosure of six statutory zones. In Santa Clara County, the most material:
Hire an NHD provider to generate the required report automatically.
Lead Paint Disclosure — For pre-1978 homes. San Jose has substantial Eichler, ranch, and postwar tract home inventory built in the 1950s–1970s. The federal Lead-Based Paint Disclosure form and EPA pamphlet are required.
Smoke, Carbon Monoxide Detectors and Water Heater Strapping — California requires seller certification at closing that:
Install and verify before listing.
Wildland Fire Insurance in Santa Clara County Hills
For hillside properties in Los Gatos, Saratoga, and adjacent areas: California's homeowners insurance market is under significant strain. Multiple insurers (Allstate, State Farm, others) have stopped writing new policies in California due to wildfire risk. Properties in hillside/wildland areas may only be insurable through the California FAIR Plan (insurer of last resort) or specialty carriers.
Disclosure implication: Insurance availability is a material fact that can affect a buyer's ability to finance the purchase and their ongoing cost of ownership. While you're not legally required to arrange insurance for buyers, buyers whose lenders require homeowners insurance and cannot obtain it may be unable to close.
HOA Disclosure in Santa Clara County
California law requires sellers to provide HOA documents to buyers within 10 days of contract execution. This includes:
In San Jose's condo-heavy neighborhoods (downtown, Berryessa), many HOA reserve funds are underfunded — a real buyer concern post-Surfside even though that was a Florida building.
Pre-Offer Inspection Reports — Bay Area Standard
Bay Area real estate practice (adopted in San Jose as firmly as in SF) involves sellers providing:
Buyers in competitive Bay Area markets submit offers without inspection contingencies because these reports are provided upfront. As a FSBO seller, having these reports available ($800–$1,500 total) enables buyers to compete and potentially waive inspection contingencies — resulting in cleaner, stronger offers.