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Second Real Estate Agent in Alleged Sex Scandal Files Countersuit

Jeannemarie Phelan claims the owner of a home she and a colleague were allegedly filmed having sex is attempting to extort nearly $1M from her.

A screenshot of Phelan from realtor.com.
A screenshot of Phelan from realtor.com.

Jeannemarie Phelan, a real estate broker who allegedly had sex multiple times with a colleague in a client’s home, has filed a countersuit against the homeowner.

Phelan is accusing homeowner Richard Weiner of trying to extort nearly $1 million from her or else he would release video of her and colleague Robert Lindsay having sex in the home. Security cameras allegedly filmed the pair having sex 11 times in several locations in the house, according to Weiner’s lawsuit.

Lindsay also filed a counterclaim against Weiner on Tuesday claiming he tried to extort nearly $1 million from the former president of the Passaic County Board of Realtors.

Phelan’s attorney Kal Geist told NorthJersey.com Thursday that Weiner’s lawsuit is “tantamount to extortion” and that, while her actions may not have been appropriate, they did not cause Weiner any harm.

Lindsay and Phelan, both Wayne residents, allegedly used the home to have “sexual escapades” together.

According to Weiner’s lawsuit, Lindsay had the home listed above its market value so he wouldn’t have to show it to potential buyers.

The Passaic County Real Estate Commission is investigating the matter.

Bill January 16, 2014 at 08:17 AM
Passaic County Prosecutors Office should be investigating the plaintiffs for extortion.
Annie G. January 16, 2014 at 12:26 PM
Sex and money, what wonderful stories about both.
Pad January 16, 2014 at 12:29 PM
These countersuits are just more smoke filled coffee room BS to deflect blame towards the plaintiffs by their attorneys. If a picture is worth 1000 words then a 11 video's is worth a million words. If the plaintiffs wanted to extort money from these two I doubt they would have called the police, had a police report filed which is public information. They would have contacted the defendants w/o contacting the authorities. After the Police call they probably reviewed these tapes and saw all the encounters in their home. They have a rock solid case which probably will never see the inside of a courtroom. From what I understand Coldwell Banker has tried to settle this case and their offer was refused. These homeowners whoever they are deserve all they get. These two are a disgrace to their professions and their families. I feel sorry for the homeowners, the defendants families and Coldwell Banker who is caught in the middle due to the actions of these two individuals who unfortunately were their agents. What's a matter was he to cheap to spring for a hotel room? Then there would be no problem legally with these two consenting adults. I think this would cause emotional distress to most people knowing their home, marital bed and other areas was used for the sexcapades of these two individuals. I can almost guarantee that if it ever gets into a courtroom not one shred of evidence will be brought forward that proves extortion. Filing a lawsuit isn't extortion.
Annie G. January 16, 2014 at 12:30 PM
Ya- what you said. Stop having sex in other people's houses, get a hotel room!
ilovemydogs January 17, 2014 at 07:50 AM
What I don't understand is how is still working for Remax ??? Every time I see his sign I front of a house I ask did he use this house as well??? How is Remax justifying keeping him on? Am I the only one thinking that this is beyond weird? Weichert did the right thing by letting her go... By keeping Lindsay on Remax is supporting this behavior ... At least that's the message that is being send out there
Pad January 17, 2014 at 08:08 AM
Must have a good friend there. I can't see many people clamoring to use him as their agent after this fiasco. The man has no morals in his personal life and probably not much in his business life. I understand his nickname in the real estate business was "List Them then Leave them Lindsay". I guess the same could be said of his personal encounters by changing the first word to another well known expletive.
Bobtwo January 17, 2014 at 08:36 AM
Perhaps this is a common occurrence in the business, using homes that are for sale, and in order to keep a lid on it they did not fire him. Just thinking.
Scondo January 17, 2014 at 11:43 AM
Remax works a little bit differently than other RE Brokes, in that the broker can buy in almost like a franchise and operate their own office, in effect becoming their own boss. They eat what they kill and they pay their own freight. Usually Remax is a place for very aggressive and productive agents. So I suspect he just bought himself an office after the other outfit terminated the relationship with him from the firm.
Scondo January 17, 2014 at 11:56 AM
It does give a homeowner pause, however. But homeowners are usually willing to listen to all the BS that the realtor gives them Starting with the commission, in Bergen County real estate commissions are in the 4% area, yet in Passaic County they still try and get 6% and then make is sound like you are getting a great deal at 5. Homeowners wake up, you ought to be paying 4. Zillow and Trulia and even your tax assessment can give you the value of your house, you don't need a realtor to do that, so before you list find out. Open houses, the realtors who stick you with a 2 hour open house are just being lazy and you need to get rid of them 1 to 4 is the norm, noon to 4 is better. I don't even thing that Weichert allows a two hour open house. Homeowners need to be a little savy about what is going on and a little skeptical. Staging is more realtor BS, declutter more BS. Beware of any realtor who wants you to spend thousands on make ready for sale, that just means that they don't want to work.
Scondo January 17, 2014 at 12:02 PM
BTW, Passaic County does not have a Real Estate Commission, they have the Passaic County Board of Realtors, which is a trade group not a licensing agency of the state., the licensing agency is the NJ Real Estate Commission.
Pad January 20, 2014 at 01:52 PM
You have to hand it to lawyers for the stories they come up with to deflect the blame from the defendant's to the plaintiffs. Who would think that she has a million dollars just lying around to pay the extortion money that they are saying the plaintiffs wanted from her or even if Lindsay had it to pay. Like I said this is just a BS counter suit to take the heat off these two individuals. Video evidence is hard to refute and their actions in a private home that had a contract with Coldwell Banker and Lindsay as the agent is going to be paramount in this case. I really feel sorry for Coldwell Banker who is going to bear the brunt of this lawsuit because of these two agents extracurricular activities that was well known before this incident surfaced.
KrisTee January 23, 2014 at 09:05 AM
Lindsay is married, don't you think he is going through enough?? He definitely made a huge career and life mistake. Jeanne is just a .... I don't know what she is.
Bobtwo January 23, 2014 at 09:19 AM
Kris, sounds to me like you are making excuses for the guy. These are two people that did something wrong and leave it at that.
eyes wide shut January 23, 2014 at 12:27 PM
Scondo...You have NO CLUE as to what commissions are in Counties...Every commission is up for negotiations BEFORE the seller signs a listing agreement..In fact if you look at the commission rates in NJ as compared to the rest of the country you will se NJ is on the low end..Commissions in other parts of the country can range fro 5 to 8% and with sellers paying closing costs. Its the old saying "You get what you pay for" Any agent that is willing to discount their commission is someone id be scared of. If they are willing to cut their commission, imagine what they would do when it comes to negotiating an offer on their listing.. Top producers stick to their guns when listing homes.. Would YOU go to a Dr who discounts their rates or would you go to a Dr that charges the norm and gets things done...If you got in trouble with the law, would you hire an attny that is CHEAP or would you pay to have the best?? Do top athletes look for discounts when hiring agents or do they want the best? Do you think someone like Tiger Woods, would hire an agent that Discounts? So to say that Bergen County gets 4% commissions all the time is not true.. A house is only worth what someone is willing to pay for it....Remember that
Scondo January 23, 2014 at 02:08 PM
EWS Average commission rates for the nation are only slightly above 5%, on the order of 5.05% . Under new mortgage rules it is carefully circumscribed as to what closing cost may be paid by a seller. Just sold a property in Bergen County with a top producer who was given an exclusive at under 4% and she said they are happy to get the 4% due to the competition, the property sold quickly and we were very pleased with the real estate agent we had selected. very professional , informed, knew her market . BTW, a comparable home in Wayne would sell for significantly less. Bergen County is apparently the place to be in NJ
KrisTee January 23, 2014 at 02:49 PM
Bobtwo, by no means am I making excuses for either one of them, you're correct, it was inexcusable to take advantage of their trusted positions as realty agents.
eyes wide shut January 24, 2014 at 10:38 AM
Scondo. Apparently Morris county is not only the place to be in NJ but ranks near the top in the Country. Home values in Morris County are only second to Hunterdon Co. then Followed by Somerset, Bergen Co ranks 4th in NJ. A home in Wayne would sell for less compared to WHAT town in Bergen? You are comparing a town to a county. Would a home in Wayne sell for less than homes in say towns like Elmwood Pk, East Ruth. Ruth. Garfield, Lodi, Hack. Has Hgts, Lynd. Moonachie, Ridgefield, Saddle Brook, Wallington,?? I think not, You are not comparing apples to apples. An Exclusive listing just means that the agent is NOT putting the listing into the MLS. Thats what is called a "pocket listing" and of course the commission would be less. When the commission is "co-brokered" thats when agents would charge the 5.05% realize this, at a co broke of 5% if sold by another agency the listing broker is winding up with 2.5% and then take his/her split out of the 2.5% so in many cases the agent is getting 1.25% of the listing. Not all cases but the majority.

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