Scott R. Sabey

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Scott Sabey C darker

Scott R. Sabey

Email: ssabey@fabianvancott.com

Direct Line : (801) 323-2204

Fax : (801) 532-3370

215 South State Street Suite 1200
Salt Lake City, Utah 84111

Biography

Scott R. Sabey has over 20 years of experience in a practice centered on real estate development and related litigation. He works with clients in development of shopping malls, resort condominiums, water companies and hospitals as well as financing for large scale residential developments. In addition to assisting clients with transactions, Scott is also a litigator with experience in many areas of real estate law. He is a registered lobbyist and works on behalf of a number of local and national companies and associations. In complex cases, Scott is able to team with other Fabian VanCott attorneys with expertise in the firm’s areas of core competency. He has served the legal profession as commissioner for the Utah State Bar, chair of the Real Property and Business Law sections of the bar and on the Utah Judicial Counsel. In the community, Scott is chairman of the Sandy City Planning Commission and has served on the city’s Board of Adjustments. Scott received his law degree from Golden State University in San Francisco. He earned his bachelor’s degree in Italian at Brigham Young University. Scott is licensed to practice in Utah’s state and federal courts and the U.S. Supreme Court.

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Professional

AV rated by Martindale-Hubble. Pre eminent Peer Reviewed 5.0 out of 5.0.
Chair Member, Governmental Relations Committee, 1997-Present
Bar Commissioner for the Utah State Bar, 2004-2010
Member, Judicial Council, 2006-2009
Recognized as "Legal Elite" in Real Estate, Utah Business Magazine, every year since 2006
Member, Judicial Council, Policy & Procedures Sub-Committee, 2006-2009
Bar Examiner, Real Property Question, 2001-2008, 2010 to present
2005 Amicus Curiae Award for service to the Courts
Recipient, 2005 Distinguished Committee of the Year Award (Governmental Relations)
Recipient, 2005 Real Property Practitioner of the Year Award
Officer, Business Law Section, Served for four years; Chair, 2003-2004
Needs of the Elderly Counseling, 2001-2004
Officer, Real Property Section, Served for four years; Chair, 1999-2000
Third District Pro-Tem Small Claims Judge; 1994-Present
Member, Bar Commission, Executive Committee; served two terms
Co-Chair, Governmental Relations Committee; served for eight years
Member, Annual Convention Committee
Member, Mid-Year Convention Committee
Utah State Bar Lobbyist
Organize, Host and Teach Bar Leadership Conference; served for two years
Member, Fitness and Character Appeals Board; served for two years
Member, Admissions Review Committee
Member, Supreme Court Rules Committee, Sub-Committee on Small Claims Rules and Procedures
Member, Committee to Redesign Court Web Page
Member, National 2012 General Merchandise Committee for Ducks Unlimited
Admitted to Utah State Bar and U.S. District Court, District of Utah, 1993; U.S. Supreme Court 2000

Representative Projects

REAL ESTATE DEVELOPMENT - Represents international, national, and local companies in a variety of developments including a 160 million dollar anchor shopping mall dealing with zoning issues, contracts, negotiations with the city, and litigation; a large 2 anchor strip mall development from inception, through zoning, approvals, construction, lease negotiations with local and national tenants, and landlord/tenant disputes; a foreign, international development company in a high-end Resort Condominium project at local ski resort.

Handled residential developments from 2 lots to multi-phase 700 plus lot subdivisions.
Assisted in the creation, development and eventual $22 million dollar sale of a water company to a municipality.
REAL ESTATE MANAGEMENT - Lease drafting, landlord/tenant disputes and rent collection in large anchor malls for Fortune 500 real estate company and in smaller community malls.

Landlord/tenant lease negotiations, disputes, and litigations with national drugstore chains, hamburger franchises, video rental, national banks, gas stations and bulk-lot sales franchises.

Lease drafting, landlord/tenant disputes and rent collection in various strip malls.

Negotiates and drafts build/lease agreements on out buildings and anchor spaces in shopping malls.
REAL ESTATE FINANCE - Represented a New York bank lending 7 plus million dollars for development of real estate project to virtually double the size of Tooele.

Application for 242HUD financing for the construction of a new critical access hospital.

Assisted clients in the successful creation and start-up of a number of mortgage companies, and has on-going representation of many of these companies.
REAL ESTATE LITIGATION - Involved in most aspects of real property litigation, including landlord/tenant, prescriptive easement, quiet title, boundary by acquiescence, zoning, and administrative representation of real estate companies/agents, title companies and general contractors before various state administrative agencies.

Successfully defended clients against claims of $80 million dollars and $147 million dollars.

Foreclosure on a $12 million dollar mining operation in central Utah.

Federal Multi-District Litigation (MDL-150), and federal patent infringement litigation.
REAL ESTATE COMPANIES - Formerly licensed with the State of Utah as a title agent, Scott continues to represent a significant number of title companies, lobby the State Department of Insurance and Division of Real Estate on behalf of the title industry, and teach continuing education classes to licensed escrow officers.

Having worked as a licensed real estate agent and written legal articles for five years in the Salt Lake Board of Realtor's Magazine, Scott has come to represent a large number of real estate companies, of both a local and national franchise nature. He has assisted in the sale of a number of real estate companies, from simple mergers to acquisitions priced at over 10 million dollars.
LOBBY WORK - Represents world's largest film association in the motion picture industry.

Represents world's largest recording association in the record industry.

Represents world's largest video game software association.

Represents largest supplemental insurance company in the U.S.A. and Japan.

Represents the Utah State Bar.

Represents local title and mortgage companies.

Represented U.S. subsidiary of the largest beer maker in the world.

Represented largest on-line auction company in the world.

Represented largest on-line payment system in the world.

Education

J.D., Golden State University School of Law, San Francisco, California, May 1993; Dean's Honor List; Chairman, Graduation Committee
B.A., Humanities, Italian, Brigham Young University, Provo, Utah, May 1982
Diploma di Profitto, Universita Degli Studi Di Firenze, Florence, Italy, August 1981

Publications & Presentations

Presenter, "Utah Mechanics' Lien Law Pre & Post 2011 HB115 and HB260," sponsored by Salt Lake Home Builders Association, October 26, 2011
Presenter, "Utah Mechanics' Lien Law Pre & Post 2011 HB115 and HB260," sponsored by Salt Lake Home Builders Association, September 21, 2011
Instructor, Justice Court Judges' Course, 2004 to present
Instructor, Small Claims Judges' Course, 2000 to present
Instructor, Business Law Section CLE classes, 1999-2009
Instructor, Real Property Section CLE classes, 1996-2010
Program Conductor/Speaker, Attorney General's "SAFE AT HOME" presentations
Presenter, "Fundamentals in Real Estate Development in Utah," Lorman Seminar
Presenter, "Collecting on Small Claims Judgments," Lorman Seminar
Presenter, "Real Property Changes in Title Insurance Forms," NBI Seminar
Presenter, "Legislative Updates in Real Property," Attorney Title Guaranty Seminar
Presenter, "Common Problems in Representing Small Business Clients," Sterling Seminar
Brown v. Board of Education Presentations in High Schools
“We the People . . .” Presentations in High Schools
“Dialogue on Freedom” Presentations
Author, "Small Claims Judge Pro Tempore Bench Book," Administrative Office of the Courts
Co-Author, "Small Claims Court: A Conversation with Scott Sabey and Tim Shea," Utah Bar Journal, 75th Anniversary Special Issue, 2006
Author, "Controlled Business Agreements," Salt Lake Board of Realtor Magazine, September 2003
Author, "Partner's Pointers - Joint Defense Agreements," Partner's Pointers, November 12, 2002
Author, "UAR Forms Are There to Protect You," Salt Lake Board of Realtor Magazine, April 2002
Author, "So When Do You Deposit the Earnest Money?" Salt Lake Board of Realtor Magazine, October 2000
Author, "Why Worry About "Governmental Takings?" Salt Lake Board of Realtor Magazine, November 1999
Author, "Basics of Contract Law," Salt Lake Board of Realtor Magazine, May 1998
Author, "Mechanic's Liens," Salt Lake Board of Realtor Magazine, April 1998
Author, "Referring an Affiliate," Salt Lake Board of Realtor Magazine, March 1998
Author, "New Year's Resolutions/Simple 'To Do' List to Avoid Common Problems," Salt Lake Board of Realtor Magazine, January 1998
Author, "Joint Tenancy and Tenancy-in-Common," Salt Lake Board of Realtor Magazine, October 1997
Author, "Real Estate History 101," Salt Lake Board of Realtor Magazine, September, 1997
Author, "Principal/Agency Relationships," Salt Lake Board of Realtor Magazine, August 1997
Author, "Understanding Commercial Leases," Salt Lake Board of Realtor Magazine, July 1997
Author, "Rights and Privileges of Real Estate Licensees," Salt Lake Board of Realtor Magazine, March 1997
Author, "Contract Deadlines/Coulter & Smith v. Russell," Salt Lake Board of Realtor Magazine, June 1997
Author, "The Benefits and Legal Burdens of Being a Professional," Salt Lake Board of Realtor Magazine, February 1997
Author, "Why Bother With Section 1.3 of the REPC?" Salt Lake Board of Realtor Magazine, January 1997
Author, "Abrogation Clause/Maynard v. Wharton," Salt Lake Board of Realtor Magazine, November, 1996
Author, "Title Policies and ALTA Forms," Salt Lake Board of Realtor Magazine, March 1996
Author, "Environmental Hazards and Utah's Negligence Standard," Salt Lake Board of Realtor Magazine, May 1995
Author, "The Enemy of My Enemy is My Friend/Joint Defense Agreements," Utah State Bar Journal
Author, "Boundary by Aquiesence: Carter v. Hanrath" Salt Lake Board of Realtor Magazine
Author, "Water Rights," Salt Lake Board of Realtor Magazine
Author, "Procuring Cause" - Consolidated Realty, 930 P2d 268 FN8 Salt Lake Board of Realtor Magazine
Author, "The Double Contract Rears Its Head Again," Salt Lake Board of Realtor Magazine
Author, "Should You Accept That Invitation to Go Golfing?: RESPA Violations," Salt Lake Board of Realtor Magazine
Author, "When Does an Interest in Real Property Pass With a Real Estate Purchase Contract" Ciet v. Kaufman, 271 Utah Adv Rep. 5 Salt Lake Board of Realtor Magazine
Author, "Don't Be Caught Quakin' In Your Boots: Disclosure of Geologic Conditions," Salt Lake Board of Realtor Magazine
Author, "Professionalism," Salt Lake Board of Realtor Magazine
Author, "Does a 'Deed' by Any Other Name Still Smell as Sweet?" Salt Lake Board of Realtor Magazine
Author, "The REPC's Abrogation Clause: Your Client's Potential Snake-in-the-Grass," Salt Lake Board of Realtor Magazine
Author, "Real Estate 'Agent' of Whom?" Salt Lake Board of Realtor Magazine
Author, "Hatfields v. McCoys/Property Line Disputes," Salt Lake Board of Realtor Magazine
Author, "What Title Insurance Company Does My Client Need?/(or, "Who Did I Last Play Golf With")," Salt Lake Board of Realtor Magazine
Author, "Property Disclosure," Salt Lake Board of Realtor Magazine
Author, "Arbitration/Mediation - Costs & Differences," Salt Lake Board of Realtor Magazine
Author, "Selling/Buying Real Estate in an Estate/Trust," Salt Lake Board of Realtor Magazine
Author, "Selling/Buying Real Estate in a Divorce," Salt Lake Board of Realtor Magazine
Author, "Conflicts" b/n Sec. 8.3 and 10.2 Salt Lake Board of Realtor Magazine
Author, "Dual Agency," Salt Lake Board of Realtor Magazine
Author, "Forced Representation," Salt Lake Board of Realtor Magazine
Author, "Professional Conduct - Licensing of Convicted Felons, Bankruptcy of Brokers," Salt Lake Board of Realtor Magazine
Author, "Dangers for the FSBO," Salt Lake Board of Realtor Magazine
Author, "Limited Agency Dangers," Salt Lake Board of Realtor Magazine
Author, "E&O Insurance," Salt Lake Board of Realtor Magazine
Author, "Report to the Utah State Bar Commission of the Small Claims Task Force"
Author, "Protecting Your Clients From Identity Theft," Salt Lake Board of Realtor Magazine
Author, "Partner's Pointers - The Three Prongs of Successful Rainmaking"
Author, "Professionalism," Salt Lake Board of Realtor Magazine
Author, "Title Insurance Options," Salt Lake Board of Realtor Magazine

Community Service

Chairman, Sandy City Planning Commission, 2007-Present
Sandy City Board of Adjustment, 2007-2008
Chairman/Member, Duck's Unlimited (DU) Committee, 2003-2008
Committee on Law & Aging, Pro Bono Honor Roll, 2006-2007
Co-Chair, Utah Access to Justice Planning Council, 2004-2007
Variety Club Tent of Utah, Chief Barker, 2005-2006
Member, Pheasants Forever Committee, 2002- 2006
Volunteer, 2002 Winter Olympics
Camp Kostopulos, 1999-2006
Judge, Trial Advocacy/Moot Court Competitions, 1996-1998
Brought national "WebWiseKids" Program to 75 Utah Schools
Young Lawyer Division Mentoring Marathon
Volunteer, Attorney General's Regional Exchange Effort (AGREE) Committee
Volunteer, Legal Aid Society of Utah
Volunteer and Board Member, "Give Kids Their Dreams," a Non-Profit Utah Corporation
Volunteer, Needs Of The Elderly
Fund raising for KCPW
Headed Salt Lake/Torino Sister City Application
Scout Merit Badge Counselor