Judge Dismisses Part of 'Sexcapades' Lawsuit Against Coldwell Banker

A state superior court judge dismissed part of a lawsuit in which a homeowner claims two Coldwell Banker realtors used his Wayne home, which they were supposed to be selling, as a location for their sexual trysts, NorthJersey.com reported.

According to the report, Judge Ralph L. DeLuccia dismissed the claims that the real estate agency intentionally inflicted emotional stress on the homeowners. But, he did let stand the claims of trespass, invasion of privacy, breach of contract and a count seeking punitive damages against the agency, and is two former realtors, Wayne residents Robert Lindsay and Jeannemarie Phelan, the report said.

Coldwell’s attorney argued that the agency had no control over its employees’ actions, and was being unfairly dragged into the lawsuit, the report said. He also said the couple shouldn’t be seeking punitive damages because there’s no evidence of malice in the realtors’ actions, the report said.

The homeowners’ attorney, Ronald Nagle, disagreed. 

“If ever there was a case that screamed out for punitive damages, it’s this one. The conduct was extreme and outrageous,” he told NorthJersey.com. He noted that the agents had sex in the couple’s bed, which they eventually took with them to their new house, the report said.

Judge DeLuccia said it was too soon to tell if there is a case against Coldwell Banker, the report said. The case is ongoing.

The incident made headlines earlier this week when the homeowners, Richard and Sandra Weiner, released security camera footage of the two realtors in their home to Inside Edition.