Richard and Sandra Weiner of Denville filed a state Superior Court lawsuit naming Coldwell Banker of Madison and real estate agents Robert Lindsay and Jeannemarie Phelan for breach of trust and fiduciary duties, The Record, Hackensack, N.J., reported Monday.
The Weiners said Lindsay was hired to sell the couple's vacant home in Wayne.
"Instead, Lindsay and Phelan, through Lindsay's illegal and dishonest acts, used the Weiners' home as their play pad to have sexual relations in the Weiners' bedroom, among other places in the home," the suit states.
Lindsay allegedly made an extra key to the home and "intentionally listed the house above market value to avoid Realtor traffic in the home while he and Phelan carried on their trysts."
"Worst yet, all of Lindsay and Phelan's sexual escapades were recorded on security video cameras located in the Weiners' home," the lawsuit alleges.
Lindsay and Phelan allegedly had sex in the home at least 10 times from Dec. 27, 2011, and Jan. 23, 2012.
The Weiners are seeking compensatory damages for invasion of privacy, infliction of emotional distress, breach of contract, trespass of land and other civil counts.
Coldwell Banker Residential Brokerage said Lindsay and Phelan are no longer contracting with the company.
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