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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 07:01 AM
What a load of crap. Why go after an individual when you have a Corporation with much deeper pockets to go after. This is a good concocted story to deflect the issue away from these 2. These lawyers are really good at their jobs
JusThinkin January 15, 2014 at 07:20 AM
In my ole country, we say when u dig a hole 4 someone else make sure u dig a hole 4 yourself..this Dick dug a hole and now he is falling in it. don't tell me to go back...political asylum..
Wayne's World January 15, 2014 at 09:31 AM
No one can condone what apparently happened, but you have to question, why the lawsuit, and why now? Didn't this happen quite some time ago? I am sure the plaintiff's lawyer explained that they have to prove damages...the only way of realistically doing that is to prove that the originally listed price was too high, causing the house to languish on the market, and ultimately selling UNDER market by a considerable margin. Almost impossible to prove. Those "emotional damages" that seem all too prevalent in plaintiffs' lawsuits - well, they aren't available in contract or breach of fiduciary type cases, so that's out. This seems like an attempt to further embarrass the agents, cause them to lose their licenses and perhaps to extract some more $ out of them or their former agencies, who may pay up to avoid further publicity. Looking at it from that point of view, the counterclaim doesn't seem so far-fetched, in light of how specific (and random) the alleged hush-money amount is. This is a sordid tale for sure but really, unless a substantial amount of $$ was lost on the sale, which is REALLY hard to prove, it doesn't seem like a legitimate lawsuit. I am sure the agents have been embarrassed quite a bit and have probably suffered in their professional lives as a result. Unless the homeowners are really out a ton of dough on the transaction, they should really be able to get over it by now, no?
profhair January 15, 2014 at 10:12 AM
This realtor not very intelligent aside from the fact that he betrayed his family, his clients, his employer and the public...Now he is trying to turn the blame for his despicable adultery on the owners of the house he was video taped 11 times having sex in with another colleague!!! Seriously? This smells of having a big head (no pun intended), lawyers who are encouraging him to sue so they can have billable hours and trying to deflect the spotlight, which is obviously failing miserably as this is a headline onece again. He should pack it in, relocate, and start over somewhere else in the country.
Donatello Nobatti January 15, 2014 at 10:17 AM
Oh the humanity!
Scondo January 15, 2014 at 02:15 PM
Why the suit now ? To beat the statute of limitations, normally 2 years for negligence and negligence type of cases. Settlement did not happen so they preserved their right by filing. Agents as victims defense is likely to backfire as it is so preposterous . There is a simple wrong called trespasswhich is simply an interference with a persons property improperly. Doing the horizontal mambo without permission in someones house probably is a trespass.
Wayne's World January 15, 2014 at 02:37 PM
Scondo & Profhair - leaving morality aside for a moment, the countersuit actually seems to have more merit than the lawsuit. Another article says that Lindsay was only realtor for 2 months - I bet the average time on market in Wayne is at least 4-6 months. The over-pricing issue could be true, or perhaps there is evidence that he steered away a serious buyer somehow - otherwise, there really is no legal merit to this case. It is a lot to prove and the homeowners and their attorney are banking on this case going away from a publicity standpoint. Homeowner can't get money for trespass if no damage to the house, and the fact is, the homeowner gave the realtor the key for access. Of course, the access is meant to be limited to professional activities, but even if he did trespass on the property based on activities, what is the actual harm? Damage to home? Financial loss? At worst this is uncompensable criminal trespass. Given that the hanky panky was discovered within 8 weeks of signing the realty contract and no reported allegation of a diminution in value of the ultimate sale of the home - the main motivation seems to be revenge, further embarrassment and an easy victory perhaps against the real estate company to escape further publicity. On the other hand, Lindsay's defense makes a lot of sense. He isn't claiming he didn't do what is alleged, he is counter-suing because in his view, this lawsuit which has very little legal ground to stand on, is tantamount to a direct blackmail threat allegedly made by the owner. First, the owner allegedly said pay me $990k or else, and now "or else" has occurred. Makes sense to me. If Lindsay can prove that, the homeowners just may owe HIM money! Look, no one wants strangers banging in their house...but all this carrying on about basically harmless (to the homeowner) coitus is really over the top. Nothing a little scrubbing can't fix. If the facts were that the house languished on the market a year and strong offers were somehow subverted, that's different. But an 8 week listing in the midst of a terrible market with lots of inventory in a town with a declining reputation...not so much. I am sure the agents are paying the personal and professional price for their transgressions. A sullied reputation in a people business is a terrible place to be. But for them to completely lose their livelihoods and potentially a few hundred thousand dollars seems a bit ridiculous in the grand scheme of things.
Scondo January 15, 2014 at 04:31 PM
Yeah, in this situation the defendants have credibility oozing out of every pore. Give me a break. Roll the film for the jury and most people will see through the counterclaim as a legal device to give pause to the homeowners. In civil matters all settlement discussions leading up to the conclusion are not allowed to be revealed and that is all there is. I think you are right in one respect however, the agents should pack their bags and look for sunnier climes, they are probably done locally because of this matter. But I have to figure that their profession , which enjoys a lousy reputation as a whole, does not want them around reminding people of that fact.
Dead Hoffa January 15, 2014 at 07:34 PM
I would like to know why there were 11 encounters on tape?? If it happened in my home there would only be 1 on film. They would have been fired immediately........ This whole things stinks on both sides.....
Pad January 15, 2014 at 09:10 PM
Wayne's World! Are you kidding me? The homeowners have a very good lawsuit. I understand Coldwell Banker offered a settlement and it was turned down. There will be a big time payout if this ever goes to trial and it will probably be settled out of court. This countersuit by the defendant is just all smoke filled coffee room bull designed to take some of the heat off the defendants and place some blame on the homeowner. The marital bed was used, other areas of the home etc. Emotional distress on the homeowner etc. The reason there is a lot of times on tape is that the homeowner had no reason to view the tapes until someone was seen in the house, then they went back in time reviewing the tapes and found other encounters. Before the incident it was common knowledge of these two getting together long before this incident. These two will get all they deserve. They should lose their licenses and be held accountable. They will get the screwing for the screwing they got. I guarantee they are going to fall big time and another sorry fact of the matter is that Coldwell Banker is probably going to take a big financial hit in this lawsuit. Not to mention damage to their reputation. Put the blame where it squarely belongs on these two individuals whose morals, business ethics and reputations are very questionable. If a picture is worth a 1000 words then 11 videos are worth a million words. These homeowners deserve all they can get!
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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