Richard and Sandra Weiner are suing Coldwell Banker and realtors Robert Lindsay and Jeannemarie Phelan for punitive damages resulting from negligence, breach of contract, trespass, invasion of privacy and intentional infliction of emotional distress.
The Weiners say that on Dec. 27, their security cameras were recording when “Phelan and Lindsay kissed and hugged in the kitchen” and then “entered the master bedroom, undressed and proceeded to have sex on the Weiners' bed."
According to the Weiners, "Lindsay used his position at Coldwell to obtain for himself and Phelan a place to have sex," and he "listed the house above market value to avoid Realtor traffic in the home while he and Phelan carried on their trysts.”
The suit claims that Lindsay committed the "ultimate breach of trust" and that Coldwell did "adequately supervise Lindsay and Phelan, especially in light of other known similar situations with Lindsay."
After watching the footage, the Weiners claim "they could no longer use the bedroom or the remainder of the house" and "were uncomfortable and disgusted even being in their house."
The president of Coldwell Banker Residential Brokerage in New Jersey, Hal Maxwell, said Lindsay and Phelan are not still with the company.
"Immediately after learning of the allegation of improper behavior at the property by two independent contractors in January 2012, we ceased our affiliation with the agents," Maxwell said in a statement. "These agents have not listed or sold properties on our behalf since the allegation of misconduct at the home was first reported. The alleged misconduct at the home does not in any way represent how we conduct business as a company, and certainly is not reflective of the quality, commitment and integrity of our management or the more than 3,200 sales professionals affiliated with our company. We hold affiliated agents to the highest ethical standards."