WAYNE, N.J. (CBSNewYork) — Two real estate agents have been hit with a lawsuit, after clients alleged the agents listed their Wayne, N.J. home and then used it as their very own personal love nest.
As CBS 2’s Tony Aiello reported, the former owners of the Tudor-style home said their very own house was used for repeated sessions of afternoon delight by veteran real estate agent Bob Lindsay and fellow agent Jeannemarie Phelan.
“It’s a shocking story it is,” said Neil Chessin.
Chessin, who works as an attorney, said he has been at closings with Lindsay — whom homeowners Richard and Sandra Weiner are suing along with Phelan and Coldwell Banker Real Estate.
The lawsuit alleged Lindsay and Phelan used the Weiners’ home as their play pad to have sexual relations while the couple was at work.
In this difficult real estate market, homes are typically priced to sell. But the plaintiffs said Lindsay purposely priced the Weiners’ house to sit at $650,000.
“Lindsay intentionally listed the house at above market value so there would be little traffic in the home,” the lawsuit said.
The Weiners claimed Lindsay made his very own key, so he would not have to use the electronic lock box that keeps track of visiting agents.
And the suit said everything was caught on surveillance camera.
The suit said the Weiners entered into a contract with Lindsay to sell the house on Dec. 6, 2011, and within the month, the security cameras caught him in a tryst with Phelan.
“At 12:51 p.m., the security cameras show that Phelan entered the Weiners’ home, and Phelan and Lindsay kissed and hugged in the kitchen. The security cameras further show that at 1:02 p.m., Lindsay and Phelan entered the master bedroom, undressed and proceeded to have sex on the Weiners’ bed,” the lawsuit said.
The suit claimed security cameras caught Lindsay and Phelan eight more times, most recently on Jan. 23 of last year, when Sandra Weiner allegedly figured out what was happening.
“Sandra Weiner happened to be checking the video camera feed at the time and saw strange people in the house with what she thought were flashlights. The house was dark at the time. Weiners called the local police who then went to the house,” the suit said. “The police opened the door to the house and found Lindsay pulling up his pants.”
The suit claimed Lindsay said he was there to prepare for an open house, and that he had come to the house with Phelan to “grab a flyer.” But the suit said there was nothing Lindsay had to do at the house for an open house, and no reason for him to be there in the dark for one.
After realizing what was happening, the lawsuit said, the Weiners were “uncomfortable and disgusted even being in their house.”
“I’m a lawyer, and the first thing that comes to my mind is they shouldn’t have done it, but in reality, what’s the damage?” Chessin said.
The suit was filed in the Passaic County Law Division of the Superior Court of New Jersey. The plaintiffs claimed breach of contract, negligence, and infliction of emotional damage. It sought unspecified damages.
Coldwell Banker has shown both agents the door.
Late Monday, the New Jersey Real Estate Commission said it would investigate the claims in the lawsuit.
Neither real estate agent could be reached for comment.
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