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Real Estate Agent Accused of Using Home for Sex Files Countersuit

Robert Lindsay claims Richard and Sandra Weiner tried to extort nearly $1 million from him in exchange for keeping quiet and not releasing sex tapes.

Patch file photo.
Patch file photo.

A Wayne real estate agent filed a countersuit in state Superior Court against a former client he claims tried to extort $990,000 from him for his silence and not releasing sex tapes to the media.

The countersuit, filed by Robert Lindsay, was first reported by NorthJersey.com.

Lindsay, a Wayne resident, is accused of using a Wayne home he was hired to sell to have sexual trysts with a colleague, the home’s owners claim in a civil lawsuit filed in December.

Lindsay allegedly used the home to have "sexual escapades" with colleague Jeannemarie Phelan, also a Wayne resident, and, according to the homeowners’ suit, listed their home above its market value so he wouldn’t have to show it to possible buyers. Also in the suit, Richard and Sandra Weiner claim Lindsay and Phelan were filmed having sex 11 times in several locations in the house.

The Passaic County Real Estate Commission is investigating the matter. Lindsay and Phelan could lose their real estate licenses and be fined.

Lindsay is past president of the Passaic County Board of Realtors.

Pad January 15, 2014 at 09:15 PM
Oh BTW if these homeowners wanted to extort money from the defendants would the homeowners have called the police when they realized someone was in their home? Then a police report is filed and its put into the legal system? I don't think so. They would have contacted them before calling the police. I guarantee not one shred of evidence of an extortion attempt is ever produced in this case. Oh and $990K that's a strange figure to request why not make it an even million.
Wayne's World January 16, 2014 at 08:48 AM
I dunno Pad. I don't see what the damages are, other than being grossed out that some DNA might be in your old house. I'm not condoning their actions nor do I know or care about either of them. It just seems like such an over-reaction. The house in question was sold, the offending behavior was caught and dealt with quickly, so what else is there really? Lasting, lingering "emotional distress?" That should be compensated by $1 million or whatever? C'mon. It's an example of what's wrong with this country. This board has practically painted a scarlet letter on these people...their actions have caused them plenty of personal harm, deservedly so. From a legal standpoint, if it can be proven that the house suffered a diminution in value due to the offending conduct, which is almost impossible, how can the homeowner be entitled to any money? If the house was sold for market value or anywhere near it, there is simply no case. Plaintiffs are banking on publicity to get a payday. As for extortion, that is totally plausible, regardless of whether they contacted the police initially...something along the lines of "if you don't want this to get worth, I want $." Unless they lost real $$ on the sale of the home, which I have not seen reported to have been alleged, then this just seems like an over-reaction. Let me ask it this way to the board - if you were on a jury, how much would you be willing to award a homeowner for this? On what basis? Are you unwilling to do business with Coldwell Banker now because of this? I doubt anyone has changed their opinion of the company based on this. Ultimately, any substantial award will be paid individually by the defendants, likely bankrupting them. Is that really right?
Pad January 16, 2014 at 04:02 PM
No, Coldwell Banker will also pay because they were agents of the company. They violated ethical rules of Real Estate Agents and the plaintiffs had a contract with Coldwell Banker. And from what I know from good sources this affair was well known at Coldwell Banker also. Believe me the payout will be big in this case but I doubt if it ever see's the inside of a courtroom. The home is plastered all over the news and tabloids. The new homeowners have to deal with the notoriety of there new home etc. This is going to be a big case with substantial payout.
Wayne's World January 16, 2014 at 04:42 PM
Pad - I don't doubt the homeowner gets a payout for CB to avoid further publicity, but it's not a real case from a legal standpoint, that's all I am saying. If your predicted result actually occurs, the homeowners will be more than compensated. The whole thing is ridiculous. If I were defendants and had enough $, which they probably don't, I would go down swinging with my extortion counter-suit, because that's all this really is. Classic example of abuse of the legal system.
Pad January 17, 2014 at 08:36 AM
He is devoid of any personal morals and probably the same in his business ethics. I understand his nickname in the real estate business was "LIST THEM THEN LEAVE THEM LINDSAY". I guess the same could be said for his personal life if you change the first word to the most common expletive. This is a real disgrace to Coldwell Banker, their families and friends. I am sure a reality show on these two will soon follow or at least a mini-series on the Lifetime Network.

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