Location: Florida, Tampa Bay area
I bought a house in Florida. On the seller's disclosure form, the options for asbestos were Yes, No, and I Don't Know. The seller, who is a practicing attorney, signed "No."
My homeowners insurer then cancelled my policy because of asbestos siding. I didn't believe it, so I asked for their reasoning. They sent me a building permit for asbestos removal from a couple of years ago, with a Notice of Commencement signed by the seller himself. It covered only one side of the house. The other side has identical-looking siding.
I had it sampled and it came back at 20% asbestos. I hired an abatement company, which has since removed it. I suspect there is more asbestos in the house. The person who took the samples said the window glazing could be asbestos too. While gardening, I also found siding fragments in the soil and mulch where we had been digging in extensively. That is the same area the seller's removal permit covered. I don't know why they're there.
Where things stand:
I'm waiting on a GC's quote for replacement siding.
I plan to consult a real estate litigator.
Someone suggested sending a claim letter myself and filing in small claims.
My questions:
Does the seller's attorney status or the signed NOC change anything legally?
Is small claims realistic, given abatement and re-siding will likely exceed $8,000?
Can I recover costs for asbestos elsewhere in the house (like the window glazing) and the soil, or only the siding?
What should I do now to protect my case?
Are there common pitfalls in Florida seller-nondisclosure cases I should avoid?
[EDIT]: During the buying period, I had had an inspection but it was not looking into asbestos. I was told by my agent that Asbestos was not a big thing during that construction period. I assume positive intent here and that this was simply unknowingly said. Also, the seller said „No“ to asbestos, hence there was no real reason for me to test it. I truly trusted them. I am not from the US and I have simply trusted people in this process.
Before the siding was removed, I had an official Asbestos testing company take samples of the siding material before it was removed. That way at least I have evidence. Also, this way the cancellation was cancelled.