TimeshareGuy
newbie
This article is purely my commentary and nothing more. The following will uncover how SellMyTimeshareNOW has gone from “doing the right thing” and conducting business with strong ethics and morals to doing whatever it takes to get the unsuspecting consumer's money. It will also uncover how SMTN has conducted illegal rental transactions (without a licensed broker's involvement) and how an affiliated licensed brokerage has negotiated “back door” commissions, shifted offers and manipulated the market for the sake of profit while actually causing harm and negligence to contracted clients. Does this sound like todays banking headlines? Is this the new standard of business practice? This article is rather long but each component is very important to building the case of a good company succumbing to a substantially more corrupt practice of business. Please read all of it and judge for yourself.
SellMyTimeshareNow was started back in mid 2003 by the CEO (Jason Tremblay) and his mother (Cindy Gonzalez) in Florida. Soon after they added the current Director of Sales (Rosanne Luba). The ideas implemented were solid and were intended to change the market of timeshare resale Internet advertising. At that point, many of the timeshare advertising companies were promising things they could not deliver such as excessively high resale prices, the highest amount of resale shoppers on their websites or in their storefronts, implied 30, 60 or 90 day turn around, and so on.
The SMTN program was designed to tell the seller the truth regarding resale, give a more true market value, not promise any selling time (since every timeshare sale is different), and actually provide the highest volume of buyers to the website. Getting the buyers to the website was achieved by actually spending money on pay-per-click positions and continually tuning search engine optimization for virtually every buyer search term (something the other companies put no effort or little effort into). Advertising sales reps for SMTN had all the right things going. They could explain the two key factors in successfully selling a timeshare were exposure to buyers and asking price, and could prove the buyer search terms were in place to provide the volume of exposure. The only thing left was the seller's asking price. SMTN advertising sales reps were told to tell potential customers that SMTN would rather not do business with the seller if the seller wanted to price their timeshare too far out of line with the realistic market. That was the moral and correct thing to do and SMTN was rewarded for the honesty. This is not the case anymore. I overheard the Director of Sales actually state that the company's integrity is not what it used to be, that she could not sell ads under the current requirements, and since the company needed in excess of $160,000 per week in sales to meet payroll, the job of the ad sales rep was simply to get the credit card payment for the ad. The company was now overlooking many of the things the advertising sales rep said or did during the sale. Wow, that a change from honesty and integrity! SMTN is now guilty of the same overpricing it was so much against back in the early days of its existence. SMTN used to contest the overpricing of sites like Vacation Register and Timeshare Quick Sale but now has joined ranks with them. Instead of “do the right thing” it is now “do whatever it takes”. Climbing to the top, SMTN has become one of the worlds most exposed timeshare resale websites. But now it seems that with a little power comes a lot of corruption. What do you think the most corrupting factor on the planet is? The answer is MONEY.
The faster money comes in, the more money is desired. It is the simple principle of greed and power. The more money is desired, the more rules are either bent or broken. The money makes us powerful, or so we think. Therefor we presume we can tend to the rules as we see fit. If we don't like the rules, we will bend them a bit, ignore them or make our own to justify our actions. The best current example of this is todays Wall Street and the economy. “Do whatever it takes!” is the business practice of today.
Of course all of this “do whatever it takes” can be shrugged off by saying “SMTN is the best shot for the seller to get a result so, let's just get them on the website at whatever selling price and then convince them to change the price later.” That may or may not be true. Is this attitude helpful to the timeshare seller or the company taking the seller's money for the ad. Some timeshares will not sell regardless of price. That fact is NEVER disclosed by the advertising sales rep. The point is, the lure of big money and being the dominant power in timeshare resale has effected every facet of this company starting with the CEO, down to the Director of Sales and on to the affiliated brokerage currently headed up by Don Nadeau, which brings us to back door commissions and other questionable or unethical real estate practices.
Sometime back in late 2004, early 2005, the CEO of SMTN decided it was time to get in on the commission side of timeshare. At first, SMTN had a gentleman by the name of Gary Shelton doing “flips” on timeshare deals. Using Laura Selway (later to be indited for embezzlement while in the position of managing partner of SMTN's closing company Timeshare Transfer), Gary would find a buyer for a specific timeshare, take a deposit, find a seller fitting the description and “dual close” the deal, keeping “the spread” which was then divided by the company and Gary. This was all well and good (although somewhat borderline practice since Gary had no real estate license) until Gary started taking deposits and not locating sellers. Gary was keeping the deposits for himself. SMTN reimbursed everything Gary had taken when Gary was still employed by SMTN. I would speculate that SMTN did this only as a matter of survival at this point. Gary died before he could be indited.
Sometime during the early stages of the commissioned sales idea (circa 2005), the CEO decided to start a brokerage called Timeshare Broker Services. This is based out of Tampa, Florida. Don Nadeau and Diane Nadeau are in the Tampa office with Don as Principal Broker. Timeshare Broker Service started as a brokerage with no advertising cost up front. They took a commission upon sale. This is the right way to do things. SMTN and TBS share some data base information. As well, anything listed on TBS is posted as an advertisement on SMTN. As time went by, it was determined that 1 week old offers coming in through SMTN would be accessible by TBS and their agents. The TBS agent could then contact the potential buyer and attempt to locate a seller for any offer negotiated by the TBS agent. This sounds like a great idea until the advertising client of SMTN attempts to get back to the buyer and finds out the buyer is working with another seller. It was even in the grapevine that TBS had pilfered SMTN offers prior to 7 days. Yes, the original seller who received the offer should be quick in replying to an offer..... but what if the seller was on vacation or even in the hospital for a few days. Too late. The the deal already belongs to someone else. The idea was designed to carve out commissions from offers coming in through the “for sale by owner” website. TBS has a partnership agreement with the owners of SMTN which splits commission profits. And what if TBS had taken SMTN offers prior to 7 day? What would that imply?
In 2007, Timeshare Broker Services and SMTN were about to break up their partnership. It seems that TBS was not paying any profits share to SMTN and Don and Diane Nadeau had been secretly starting another website entity in an attempt to gain more money and control for themselves (what a great choice to put back in charge later). The partners of SMTN had an idea of an in house brokerage in Dover, NH (home of SMTN). The process had been toyed with for a while. Jay Garland, a licensed real estate broker in NH, had began with Timeshare Brokerage Services New Hampshire sometime earlier. They had a small impact and only a handful of seller listings. As well, they assisted with implementing a donation program befitting timeshare owners who wanted to get rid of timeshare regardless of selling price while donating net proceeds to Southern New Hampshire University's general scholarship fund. During the fall out of TBS (Florida) and SMTN, the new in house brokerage, to be named Timeshare HotDeal, was to be launched with Jay Garland as principal broker. This was done with the assistance of Ryan Braze, an experienced ad sales rep for SMTN who had joined the company back in late 2003, early 2004. I understand Ryan had attained his Florida real estate license at the same time the CEO's mother (Cindy Gonzalez)attained her Florida license. Ryan was insistent he would not work for Don and Diane Nadeau do to ethical difference. Ryan felt that Don worked too much in the “gray area” and hired agents that were out only for the money regardless of ethical practice or lack of ethical practice. Instead, Ryan was offered a key roll with Timeshare HotDeal if he attained a New Hampshire license, which he did.
Making a slow but steady start of the Timeshare HotDeal program, Ryan, under supervision of Jay Garland, began to develop a program integrating the services of SMTN advertising and the expert assistance of a brokerage. The service would be implemented and offered to SMTN advertising clients on a voluntary, opt in basis and would be known as “Broker Assist”. Any offer received on a client's ad would be sent directly to the brokerage department, the offer would be addressed, qualified and any offer resulting would be forwarded to the seller for further negotiation or acceptance. The program was developed so that the buyer was to pay the brokerage fees and/or commissions. The broker assist program is now pretty much mandatory for the seller and there is no longer an opt in option for them. If at anytime a seller were to insist that they did not want to pay an advertising fee, they were referred to THD and were signed under a seller's agreement as a commission only deal. In this case the seller paid the commission.
A few months after the launch of Timeshare HotDeal, Antonia Sabia was brought on as a licensed sales agent for THD. Soon to follow was Jason Hubbard. There were still a few bugs to work out but, all in all, the program was making some headway. The buyer assist sales contracts developed for the sale of timeshare through THD were clear and concise. By Ryan's account, Jay Garland made sure that everything on the contracts were according to NH real estate law. Commissions were clearly stated as a percentage as well as a dollar amount and were shown as paid by the buyer, as stated in the terms of agreement in the SMTN advertising contract. This made it so all payment was quite clear prior to the closing statements being sent to buyer and seller. Soon to follow, SMTN and TBS (Florida) would repair their relationship. At this point, many of the broker assist clients would get confused. SMTN had granted TBS (Florida) access to the data base once again and many of the clients were being contacted by TBS agents. TBS agents would state they had a buyer, mention what the offer would net the seller and send the contracts out. The contracts would then go out as seller paid commission, which should by any rights, entitle the advertiser to a complete refund. The Advertisement Agreement signed by the seller would have stated that the buyer would pay commission, NOT THE SELLER.
At some point the CEO of SMTN deemed it necessary to place the broker assist program under the control of Don Nadeau upon the acquisition of a New Hampshire Real Estate Broker License. I presume this would be to stop the complaints from THD agents regarding TBS agents speaking to broker assist clients as well as Ryan's complaints of TBS sending seller paid commission contracts to broker assist clients (all of these sellers would be entitled to a refund under SMTN's advertising contract). Having spoke to Ryan on several occasions and knowing how he chose not to work for Don, I could see many things were going to change, and not necessarily for the better. TBS would now handle distribution of all offers. Upon the shift of principal broker from Jay Garland to Don Nadeau, Ryan began to complain that the contracts were not correct. Ryan stated first off, since THD is now in violation of NH real estate law and has no licensed managing broker in the office, there was no one to take the complaint directly to. By Ryan's account the CEO of SMTN and Don Nadeau were told as well as Jerome Bocquet (Don's manager licensed as a sales agent in Florida) and Don's administrative staff in Florida. Still, nothing was changed. Ryan said he was completely ignored and mentioned to me on several occasions that under Don Nadeau's new contracts, not only did the buyer not see the commission amount until the closing statement (which could be several months later) but since there was no percentage given to the commission, it could be interpreted as a net commission contract which is illegal in the state of New Hampshire. Ryan claimed to have made this clear several times verbally and by email, only to be ignored and written off as a complainer and not a team player. I think since the guy relocated his family from Florida all on the word of the CEO of SMTN, he showed his dedication to the team. Ryan was pretty upbeat until Don took over. After that he was a bit of a complainer at times. I don't think it was unjustified in this case. I think if Ryan was trying to get the contract practices corrected, he was looking out for the company's best interest to prevent them from legal issues or refunding advertising clients. Ryan also mentioned to me, since Don Nadeau had not provided New Hampshire forms to the New Hampshire agents in a timely manner, Don was collecting New Hampshire escrows (Timeshare HotDeal) on Florida (Timeshare Broker Services) forms. I heard Ryan claim that Don was in such a hurry to get control of THD that he disregarded the implications of co-mingling escrow funds. Both Ryan Braze and Antonia Sabia can confirm any this brokerage information. Ryan is gone now. So are many of the SMTN employees that don't fit the “grab the money now” mold.
Since this article is too long to post in one thread submission, I am posting the remaining text in part 2 below. Please read Part 2.
SellMyTimeshareNow was started back in mid 2003 by the CEO (Jason Tremblay) and his mother (Cindy Gonzalez) in Florida. Soon after they added the current Director of Sales (Rosanne Luba). The ideas implemented were solid and were intended to change the market of timeshare resale Internet advertising. At that point, many of the timeshare advertising companies were promising things they could not deliver such as excessively high resale prices, the highest amount of resale shoppers on their websites or in their storefronts, implied 30, 60 or 90 day turn around, and so on.
The SMTN program was designed to tell the seller the truth regarding resale, give a more true market value, not promise any selling time (since every timeshare sale is different), and actually provide the highest volume of buyers to the website. Getting the buyers to the website was achieved by actually spending money on pay-per-click positions and continually tuning search engine optimization for virtually every buyer search term (something the other companies put no effort or little effort into). Advertising sales reps for SMTN had all the right things going. They could explain the two key factors in successfully selling a timeshare were exposure to buyers and asking price, and could prove the buyer search terms were in place to provide the volume of exposure. The only thing left was the seller's asking price. SMTN advertising sales reps were told to tell potential customers that SMTN would rather not do business with the seller if the seller wanted to price their timeshare too far out of line with the realistic market. That was the moral and correct thing to do and SMTN was rewarded for the honesty. This is not the case anymore. I overheard the Director of Sales actually state that the company's integrity is not what it used to be, that she could not sell ads under the current requirements, and since the company needed in excess of $160,000 per week in sales to meet payroll, the job of the ad sales rep was simply to get the credit card payment for the ad. The company was now overlooking many of the things the advertising sales rep said or did during the sale. Wow, that a change from honesty and integrity! SMTN is now guilty of the same overpricing it was so much against back in the early days of its existence. SMTN used to contest the overpricing of sites like Vacation Register and Timeshare Quick Sale but now has joined ranks with them. Instead of “do the right thing” it is now “do whatever it takes”. Climbing to the top, SMTN has become one of the worlds most exposed timeshare resale websites. But now it seems that with a little power comes a lot of corruption. What do you think the most corrupting factor on the planet is? The answer is MONEY.
The faster money comes in, the more money is desired. It is the simple principle of greed and power. The more money is desired, the more rules are either bent or broken. The money makes us powerful, or so we think. Therefor we presume we can tend to the rules as we see fit. If we don't like the rules, we will bend them a bit, ignore them or make our own to justify our actions. The best current example of this is todays Wall Street and the economy. “Do whatever it takes!” is the business practice of today.
Of course all of this “do whatever it takes” can be shrugged off by saying “SMTN is the best shot for the seller to get a result so, let's just get them on the website at whatever selling price and then convince them to change the price later.” That may or may not be true. Is this attitude helpful to the timeshare seller or the company taking the seller's money for the ad. Some timeshares will not sell regardless of price. That fact is NEVER disclosed by the advertising sales rep. The point is, the lure of big money and being the dominant power in timeshare resale has effected every facet of this company starting with the CEO, down to the Director of Sales and on to the affiliated brokerage currently headed up by Don Nadeau, which brings us to back door commissions and other questionable or unethical real estate practices.
Sometime back in late 2004, early 2005, the CEO of SMTN decided it was time to get in on the commission side of timeshare. At first, SMTN had a gentleman by the name of Gary Shelton doing “flips” on timeshare deals. Using Laura Selway (later to be indited for embezzlement while in the position of managing partner of SMTN's closing company Timeshare Transfer), Gary would find a buyer for a specific timeshare, take a deposit, find a seller fitting the description and “dual close” the deal, keeping “the spread” which was then divided by the company and Gary. This was all well and good (although somewhat borderline practice since Gary had no real estate license) until Gary started taking deposits and not locating sellers. Gary was keeping the deposits for himself. SMTN reimbursed everything Gary had taken when Gary was still employed by SMTN. I would speculate that SMTN did this only as a matter of survival at this point. Gary died before he could be indited.
Sometime during the early stages of the commissioned sales idea (circa 2005), the CEO decided to start a brokerage called Timeshare Broker Services. This is based out of Tampa, Florida. Don Nadeau and Diane Nadeau are in the Tampa office with Don as Principal Broker. Timeshare Broker Service started as a brokerage with no advertising cost up front. They took a commission upon sale. This is the right way to do things. SMTN and TBS share some data base information. As well, anything listed on TBS is posted as an advertisement on SMTN. As time went by, it was determined that 1 week old offers coming in through SMTN would be accessible by TBS and their agents. The TBS agent could then contact the potential buyer and attempt to locate a seller for any offer negotiated by the TBS agent. This sounds like a great idea until the advertising client of SMTN attempts to get back to the buyer and finds out the buyer is working with another seller. It was even in the grapevine that TBS had pilfered SMTN offers prior to 7 days. Yes, the original seller who received the offer should be quick in replying to an offer..... but what if the seller was on vacation or even in the hospital for a few days. Too late. The the deal already belongs to someone else. The idea was designed to carve out commissions from offers coming in through the “for sale by owner” website. TBS has a partnership agreement with the owners of SMTN which splits commission profits. And what if TBS had taken SMTN offers prior to 7 day? What would that imply?
In 2007, Timeshare Broker Services and SMTN were about to break up their partnership. It seems that TBS was not paying any profits share to SMTN and Don and Diane Nadeau had been secretly starting another website entity in an attempt to gain more money and control for themselves (what a great choice to put back in charge later). The partners of SMTN had an idea of an in house brokerage in Dover, NH (home of SMTN). The process had been toyed with for a while. Jay Garland, a licensed real estate broker in NH, had began with Timeshare Brokerage Services New Hampshire sometime earlier. They had a small impact and only a handful of seller listings. As well, they assisted with implementing a donation program befitting timeshare owners who wanted to get rid of timeshare regardless of selling price while donating net proceeds to Southern New Hampshire University's general scholarship fund. During the fall out of TBS (Florida) and SMTN, the new in house brokerage, to be named Timeshare HotDeal, was to be launched with Jay Garland as principal broker. This was done with the assistance of Ryan Braze, an experienced ad sales rep for SMTN who had joined the company back in late 2003, early 2004. I understand Ryan had attained his Florida real estate license at the same time the CEO's mother (Cindy Gonzalez)attained her Florida license. Ryan was insistent he would not work for Don and Diane Nadeau do to ethical difference. Ryan felt that Don worked too much in the “gray area” and hired agents that were out only for the money regardless of ethical practice or lack of ethical practice. Instead, Ryan was offered a key roll with Timeshare HotDeal if he attained a New Hampshire license, which he did.
Making a slow but steady start of the Timeshare HotDeal program, Ryan, under supervision of Jay Garland, began to develop a program integrating the services of SMTN advertising and the expert assistance of a brokerage. The service would be implemented and offered to SMTN advertising clients on a voluntary, opt in basis and would be known as “Broker Assist”. Any offer received on a client's ad would be sent directly to the brokerage department, the offer would be addressed, qualified and any offer resulting would be forwarded to the seller for further negotiation or acceptance. The program was developed so that the buyer was to pay the brokerage fees and/or commissions. The broker assist program is now pretty much mandatory for the seller and there is no longer an opt in option for them. If at anytime a seller were to insist that they did not want to pay an advertising fee, they were referred to THD and were signed under a seller's agreement as a commission only deal. In this case the seller paid the commission.
A few months after the launch of Timeshare HotDeal, Antonia Sabia was brought on as a licensed sales agent for THD. Soon to follow was Jason Hubbard. There were still a few bugs to work out but, all in all, the program was making some headway. The buyer assist sales contracts developed for the sale of timeshare through THD were clear and concise. By Ryan's account, Jay Garland made sure that everything on the contracts were according to NH real estate law. Commissions were clearly stated as a percentage as well as a dollar amount and were shown as paid by the buyer, as stated in the terms of agreement in the SMTN advertising contract. This made it so all payment was quite clear prior to the closing statements being sent to buyer and seller. Soon to follow, SMTN and TBS (Florida) would repair their relationship. At this point, many of the broker assist clients would get confused. SMTN had granted TBS (Florida) access to the data base once again and many of the clients were being contacted by TBS agents. TBS agents would state they had a buyer, mention what the offer would net the seller and send the contracts out. The contracts would then go out as seller paid commission, which should by any rights, entitle the advertiser to a complete refund. The Advertisement Agreement signed by the seller would have stated that the buyer would pay commission, NOT THE SELLER.
At some point the CEO of SMTN deemed it necessary to place the broker assist program under the control of Don Nadeau upon the acquisition of a New Hampshire Real Estate Broker License. I presume this would be to stop the complaints from THD agents regarding TBS agents speaking to broker assist clients as well as Ryan's complaints of TBS sending seller paid commission contracts to broker assist clients (all of these sellers would be entitled to a refund under SMTN's advertising contract). Having spoke to Ryan on several occasions and knowing how he chose not to work for Don, I could see many things were going to change, and not necessarily for the better. TBS would now handle distribution of all offers. Upon the shift of principal broker from Jay Garland to Don Nadeau, Ryan began to complain that the contracts were not correct. Ryan stated first off, since THD is now in violation of NH real estate law and has no licensed managing broker in the office, there was no one to take the complaint directly to. By Ryan's account the CEO of SMTN and Don Nadeau were told as well as Jerome Bocquet (Don's manager licensed as a sales agent in Florida) and Don's administrative staff in Florida. Still, nothing was changed. Ryan said he was completely ignored and mentioned to me on several occasions that under Don Nadeau's new contracts, not only did the buyer not see the commission amount until the closing statement (which could be several months later) but since there was no percentage given to the commission, it could be interpreted as a net commission contract which is illegal in the state of New Hampshire. Ryan claimed to have made this clear several times verbally and by email, only to be ignored and written off as a complainer and not a team player. I think since the guy relocated his family from Florida all on the word of the CEO of SMTN, he showed his dedication to the team. Ryan was pretty upbeat until Don took over. After that he was a bit of a complainer at times. I don't think it was unjustified in this case. I think if Ryan was trying to get the contract practices corrected, he was looking out for the company's best interest to prevent them from legal issues or refunding advertising clients. Ryan also mentioned to me, since Don Nadeau had not provided New Hampshire forms to the New Hampshire agents in a timely manner, Don was collecting New Hampshire escrows (Timeshare HotDeal) on Florida (Timeshare Broker Services) forms. I heard Ryan claim that Don was in such a hurry to get control of THD that he disregarded the implications of co-mingling escrow funds. Both Ryan Braze and Antonia Sabia can confirm any this brokerage information. Ryan is gone now. So are many of the SMTN employees that don't fit the “grab the money now” mold.
Since this article is too long to post in one thread submission, I am posting the remaining text in part 2 below. Please read Part 2.
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