From the Record:
A former president of the Passaic County Board of Realtors is accused in a lawsuit of steering potential buyers away from a couple’s vacant Wayne home so he could use it for “sexual escapades,” which were captured on hidden cameras.
Richard and Sandra Weiner of Denville have filed suit in state Superior Court in Passaic County alleging breach of trust and fiduciary duties against Coldwell Banker of Madison and Wayne residents, and Coldwell agents, Robert Lindsay and Jeannemarie Phelan. The Weiners are seeking compensatory damages for invasion of privacy, infliction of emotional distress, breach of contract, trespass of land and other civil counts.
“Defendants Coldwell and Lindsay were engaged by the Weiners to market and sell their home in Wayne, New Jersey. Instead, Lindsay and Phelan, through Lindsay’s illegal and dishonest acts, used the Weiners’ home as their play pad to have sexual relations in the Weiners’ bedroom, among other places in the home,” the suit states.
The lawsuit alleges that along with making a duplicate key to the house, Lindsay “intentionally listed the house above market value to avoid Realtor traffic in the home while he and Phelan carried on their trysts.”
The suit filed Dec. 6 also states: “Worst yet, all of Lindsay and Phelan’s sexual escapades were recorded on security video cameras located in the Weiners’ home.”
From Dec. 27, 2011, to Jan. 23, 2012, according to the suit, the security cameras captured Lindsay and Phelan making 10 additional visits to the home.
“All visits were for sexual encounters,” the suit states. “The last visit to the house by Lindsay and Phelan was on Jan. 23, 2012. Sandra Weiner happened to be checking the video cameras feed at the time and saw strange people in the house with what she thought were flashlights. The house was dark at the time. The Weiners called the local police, who then went to the house.”
“The police opened the door to the house and found Lindsay pulling up his pants,” the suit states. “Lindsay lied to police by telling them that he was there to prepare the house for an open house. … Instead, Lindsay and Phelan were at the house to have sex.”