San Jose transfer disclosures (street tree, rent ordinance, Ellis Act)
City of San Jose · City report · Before close
Triggered by: Close of escrow on covered properties
Street Tree Disclosure: the selling or transferring owner must notify the purchaser or transferee about the condition and existence of street trees on the residential property. Under SJMC ch. 13.28 the owner of property adjacent to a street is responsible, at their own expense, for the care and maintenance of any tree, shrub, hedge or landscaping in the public right of way. Separately, an owner of rent-controlled property must disclose in writing, prior to close of escrow, that the property is subject to the Apartment Rent Ordinance; Ellis Act obligations including tenant relocation apply when withdrawing a rental property from the market.
Certificate
Written disclosures to the buyer
Issued by
City of San Jose — Trees and Sidewalks, (408) 794-1901
Cost
No City report fee; street tree planting costs vary
Turnaround
Same day for disclosures; tree planting takes longer
San Jose requires a private sewer lateral inspection/certificate before a home can be sold
NOT SUPPORTED. The City of San Jose's own sanitary sewer pages describe maintenance responsibility and property-line cleanout requirements, not a point-of-sale certificate. The Santa Clara County Association of REALTORS local disclosure list for San Jose names the Apartment Rent Ordinance, Ellis Act and street tree requirements — no sewer lateral point-of-sale item. The Silicon Valley Association of REALTORS describes only the upper/lower lateral responsibility split for San Jose.
California statewide, every property
Water heater bracing, anchoring or strapping
State of California · Retrofit · Before close
Triggered by: Sale of any real property containing a water heater
The seller must certify to the prospective purchaser that the water heater is braced, anchored or strapped to resist falling or horizontal displacement from earthquake motion.
Certificate
Seller certification (commonly satisfied on the C.A.R. Water Heater and Smoke Detector Statement of Compliance, form WHSD)
Issued by
Seller certifies; no agency sign-off required
Cost
No government fee; bracing kit and labor typically $30-$300
Triggered by: Every single-family dwelling which is sold
The dwelling must have an operable smoke alarm, approved and listed by the State Fire Marshal, installed in accordance with the manufacturer's instructions. Seller certifies compliance.
Triggered by: Standing obligation on single-family homes built on or before January 1, 1994, plus disclosure on sale or transfer
All non-compliant plumbing fixtures had to be replaced with water-conserving fixtures by January 1, 2017 — this deadline applies whether or not the property is being sold or altered. On sale or transfer, the seller must disclose to the buyer the requirement and whether the property complies.
Certificate
Written disclosure to the buyer; some jurisdictions use a Certificate of Compliance form
Issued by
Seller discloses; no state agency sign-off
Cost
No state fee; fixture replacement typically $50-$600
State of California / local fire authority · Defensible space · Can defer past close
Triggered by: Sale of a property located in a High or Very High Fire Hazard Severity Zone
The seller must provide the buyer with documentation that the property is in compliance with defensible space requirements under Public Resources Code § 4291. If the seller does not have that documentation, the seller and buyer must enter into a written agreement under which the BUYER obtains compliance documentation within one year of close of escrow.
Certificate
Defensible space compliance documentation / inspection report from the local fire authority
Issued by
Local fire department or CAL FIRE
Cost
Varies by fire authority. Santa Rosa Fire Department charges $183 for a requested inspection.
Turnaround
Varies; request inspections early — fire departments are not obligated to inspect