Realtors' Alleged Sexual Trysts in Client's Home a 'Serious' Matter, Lawyer Says

Richard and Sandra Weiner released a statement through their attorney to clarify their motives for filing lawsuit against realtors allegedly caught having sex in their home.

Photos of video camera placement in the kitchen of Richard and Sandra Weiner's home.
Photos of video camera placement in the kitchen of Richard and Sandra Weiner's home.

Former Wayne homeowners are speaking out through their lawyer for the first time since accusing a real estate agent they hired to sell their township home of having sex with a colleague in the residence nearly a dozen times.

Ronald T. Nagle, an attorney representing Richard and Sandra Weiner, issued a statement last week saying his clients are not seeking media attention with their lawsuit.

The Weiners filed a lawsuit in December claiming Coldwell Banker realtor Robert Lindsay, a Wayne resident, had sex with his colleague, Jeannemarie Phelan, also a Wayne resident, in their home 11 times. The couple claims they caught the “sexual escapades” on their home’s security cameras. 

Both Lindsay and Phelan have filed countersuits claiming Weiner tried to extort $1 million from them.

“Despite a strong public and social media interest in this matter, the Weiners have not spoken to the press and have not granted any requests for interviews despite numerous demands,” Nagle said in the statement. “One of the defendants’ attorneys was quoted as stating the Weiners wanted to try their case in the media—this is not true.”

Coldwell Banker representatives have said the company cut ties with Lindsay and Phelan immediately after hearing about the alleged incidents. The company also referred to the real estate agents as "independent contractors." However, Nagle argues the realty’s reaction was not been severe enough.

“Coldwell Banker has treated this matter as if their realtors Robert Lindsay and Jeannemarie Phelan spilled a cup of coffee in the Weiner’s home,” he said.

“The allegations are much more serious and important to the Weiners and, clearly, should be important to current Coldwell Banker clients.”

The lawyer questioned whether the real estate agency actually severed its relationship with the realtors.

Nagle also refuted claims the Weiners’ home contained hidden cameras, and released a photo showing the placement of one of the cameras in the home.

“Our only intention here is to refute and clarify the obvious public positioning of both Coldwell Banker and the two former Coldwell Banker realtors,” he said. 

The New Jersey Real Estate Commission is investigating the case. Since the alleged incidents occurred beginning in 2011, the Weiners have moved to Denville. 

Justice February 04, 2014 at 07:51 AM
Another over done story, good for a reality show similar to the real housewives of nj, complete with drama, intrigue and now voyeurism.
Tracy L February 04, 2014 at 08:20 AM
Who cares????????????????????? WHAT'S WRONG WITH THIS WORLD and the Weiners.??????? Not seeking media attention?? My ass.
joann ranalletti February 04, 2014 at 10:31 AM
Perhaps if they had both had their licenses taken away by the Passaic County Realtor Board for violation of ethics(assuming the realtors have an Ethics Commission) all this would not be necessary.
Pad February 04, 2014 at 01:23 PM
These two realtors are going to get what's coming to them. Its a shame that Coldwell Banker is going to suffer from this also as they were agents of the company and the seller had a contract with Coldwell Banker. Recently I seen a For Sale sign on Lauwee Avenue with B.L.s name and picture on it. It's unbelievable that anyone would use this guy as an agent after what he has done. There is no explanation needed as it is all on video 11 times. There he is with his big smile. I guess he won't be smiling much longer. What a disgrace. Its too bad two families, Coldwell Banker and the seller have to suffer through this. Especially the counter lawsuits which are all smoke filled coffee room BS that their lawyers have dreamed up to sway opinion away from the defendants. Meanwhile they haven't produced any evidence that the plaintiff tried to extort them. I predict it will never see a courtroom, it will be settled out of court. If it does Coldwell Banker and these two defendants will lose big time.
Wayne's World February 04, 2014 at 01:31 PM
Pad, I don't mean to rehash our differing viewpoints on this. I don't believe Patch ever recited the alleged damages from the complaint, nor have I seen it in print elsewhere. Every lawsuit has to prove damages...as despicable as the agents' actions were on several levels, what are the claimed damages? I mean, just from the pictures of the kitchen, it's clear the house was not going for big $$ in a down market, so just what did they lose? One article said that the offending behavior was caught just 1 month into the listing period, so it's hard to see how a diminution in value type of claim can have any legs. Emotional distress and that type of tort nonsense doesn't have any realistic application in such a case. Therefore, I am scratching my head as to why this is a "serious matter" and what the damages are? Only because of this very important open question do I believe that the extortion defense may actually have some merit. Lindsay certainly doesn't have a good reputation around town as an agent, never mind as a person, so it's been caveat emptor with him for quite some time supposedly. But at the end of the day, I wonder just what financial damages the Weiners allege they can prove to get $ out of the defendants? Do you have any idea? The courts are meant to compensate people for financial losses, not to create a windfall because of some objectionable actions. I am interested to see how the plaintiffs are going to tie a loss on the value of their sale to these actions, or whether they are proceeding on some other theory altogether? For these reasons, it seems like a pure money grab for the sake of it, no matter how disturbing the actions of the defendants.
Pad February 04, 2014 at 02:13 PM
There will be damages due to the fact the plaintiffs had a contract with Coldwell Banker. The two agents used their access to the plaintiffs home for their own selfish desires. When a contract is signed the plaintiffs have every right to expect that their property is only used for the purpose stated in the contract. The two agents worked for Coldwell Banker therefore its Coldwell Bankers responsibility that their agents follow all contractual items in the contract as well as their behavior and conduct on the plaintiff's property. I am sure the plaintiffs have suffered emotional distress over this, the delayed sale of the home etc. If the agents weren't in the home for reasons under the contract it then becomes criminal trespass. Yes, this is a serious matter involving Coldwell Banker, two of its agents and a contract the plaintiffs had between them. If this goes to trial it will be a big case. But I believe this will be settled out of court. Coldwell Banker doesn't need this type of publicity at all. I am not a lawsuit type person but I really believe the plaintiff's have a good case here. The actions of these two individuals is almost unbelievable. I also understand it was common knowledge at Coldwell Banker that these two were having encounters before this incident. At that point Coldwell Banker had a responsibility to put a stop to this while these agents were working. After hours, a hotel they have no say. But during working hours, on clients property or the property of Coldwell Banker they do have a say. If it was known beforehand then they should have been told to knock it off during business time.
Rich February 04, 2014 at 07:06 PM
To the person up the chain here who said Who Cares? Perhaps you should invite the realtors over to your house so they don't have to break the law in someone else's house.
Anna Lisa February 05, 2014 at 05:38 PM
How humiliating for everyone. In my opinion, it's too bad that the clients and Coldwell Banker couldn't have handled this privately.
Tracy L February 05, 2014 at 06:53 PM
I'm with you Lisa. The Weiner's tried to get money from the realtors first. When the realtors refused the Weiner's went to the media. It's too bad the media is focusing on something like this instead of some really news worthy. They have hit an all time low. I guess nothing important is going on in the world.
Pad February 05, 2014 at 07:28 PM
Read the above article. They didn't go to the media. It was a reportable police incident. Might have started there with a police report. In my opinion they both should have been arrested for criminal trespass also. The contract only allows the realtors on the property for the purpose of showing the property not using it as their private bordello.
Tracy L February 06, 2014 at 08:36 AM
They threatened the realtors that they (the Weiners) would go to the media. Don't believe everything you read.
Jack Q February 06, 2014 at 10:24 AM
Nor should you believe everything you hear.
Rich February 06, 2014 at 08:12 PM
"They threatened the realtors that they (the Weiners) would go to the media. Don't believe everything you read. " REALLY??? Here's an idea, DON'T break the law, DON'T abuse trust, and CONDUCT yourself appropriately...Some people will be apologists for anything and everyone.
Windrunner February 07, 2014 at 12:16 AM
It was their home, currently being shown to strangers coming in and out, the cameras sound smart. The realtors were NOT showing the house, had no business being there for sex, and both should have been shown the door by Caldwell. Yet the homeowners should be compensated? What are the damages exactly? More a police matter of trespass, and public humiliation, to end this story.
Pad February 07, 2014 at 10:28 AM
They were both fired by Coldwell Banker. It's amazing how people sort of condone this type of behavior between these two so called professionals. Again if anyone wanted to extort money from them why would they call the police knowing a police report would be made. The report then becomes public knowledge etc. These two are getting what they deserve. They disgraced their families, their employer, their co-worker and themselves by their unethical and immoral behavior.
Windrunner February 07, 2014 at 12:43 PM
Thank you, Pad, for that info. I didn't know they got canned, and that is exactly what Caldwell should do with employees like that.
Wayne's World February 07, 2014 at 01:57 PM
Pad - Stargazer made my point far more succinctly than I did. I think everyone agrees about the lack of morals/ethics/professionalism and the disgrace brought on by their actions. But other than trespass, I still can't see compensable damages. Unless they can prove the value of the house went down because of their actions.
Pad February 07, 2014 at 04:49 PM
Well, Coldwell Banker already tried to settle out of court and they declined the settlement offer. I am sure Coldwell Banker consulted their legal advisors on this. If there was nothing to it they wouldn't have tried to settle financially now would they? There is criminal trespass, violation of contracts, emotional distress and so on. They will win a pretty good settlement on this I am sure. The value of the house will weigh very little on this case.


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