Back to Professionals Scott R. Sabey Attorney / Partner Salt Lake City Licensure: UT Biography pdf version Scott R. Sabey has over 25 years of experience in a practice centered on real estate development and related litigation. He works with clients in development and financing of hotels, office buildings, shopping malls, resort condominiums, water companies and hospitals; as well as 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 including environmental contamination, construction defects, zoning and land use. 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 currently serves on the Utah Supreme Court’s Ethics and Discipline Committee, and 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 Council. In the community, Scott served as Chairman of the Sandy City Planning Commission and on the city’s Board of Adjustments. Scott is licensed to practice in Utah’s state and federal courts and the U.S. Supreme Court. Practice Areas Lobbying & Legislation Real Estate Litigation Commercial Leasing & Evictions Land Use, Zoning, Development & Construction HOA & Condominium Law Condemnation, Eminent Domain & Takings Government & Agencies Real Estate Professional History REAL ESTATE DEVELOPMENT: International, national, and local companies in a variety of developments including: a 160 million dollar anchor shopping mall; 3 hotels; 2 office buildings; gas stations; numerous retail pads and sites; a large two anchor strip mall development; and a high-end resort condominium project at a local ski resort. Most from inception, through zoning, entitlements, construction and leasing. Handled residential developments from two lots to multiphase 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, local and national tenant lease negotiations, 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. Negotiate and draft build/lease agreements on out buildings and anchor spaces in shopping malls. REAL ESTATE FINANCE: Represented a New York bank financing seven million dollar real estate development. Application for 242-HUD financing for the construction of a new critical access hospital. 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 state administrative agencies. Land use and zoning disputes both representing cities and developers. Successfully defended clients against claims of $80 million dollars and $147 million dollars. Foreclosure on a $12 million dollar mining operation. Federal Multidistrict Litigation. Best Lawyers in America (2010 – present) Best Lawyers, Lawyer of the Year in 2022 for Government Relations Practice AV rated by Martindale-Hubble. Preeminent Peer Reviewed 5.0 out of 5.0. (2005 – present) Super Lawyers® (2008 – present) AVVO rated 10.0 out of 10.0 (2006 to present) Legal Elite® in Real Estate, Utah Business, (2005–present) Utah Supreme Court, Ethics and Discipline Committee (2021 – present) Chair Member, Governmental Relations Committee, 1997 – 2015 Bar Commissioner for the Utah State Bar, 2004 – 2010 Member, Judicial Council, 2006 – 2009 Member, Judicial Council, Policy & Procedures Sub-Committee, 2006 – 2009 Bar Examiner, Real Property Question, 2001 – 2008, 2010 to present 2005 Utah Supreme Court, 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 ProTem Small Claims Judge; 1994 – 2022 Member, Bar Commission, Executive Committee; served two terms Co-chair, Governmental Relations Committee; served for eight years Chair, Annual Bar Convention Committee Member, Mid-Year Bar Convention Committee Utah State Bar Lobbyist 1997 – 2015 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 Education J.D., Golden Gate 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, Universitá Degli Studi Di Firenze, Florence, Italy, August 1981 Community Service Sandy City Police, Honorary Colonel Chairman, Sandy City Planning Commission, 2008 – 2018 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 Publications & Presentations Instructor, Justice Court Judges’ Course, 2004 – present Instructor, Small Claims Judges’ Course, 2000 – present Instructor NBI Classes on Zoning and Land Use Law 2014, 2016, 2017, 2018, 2019 Presenter, “Utah Mechanics’ Lien Law Pre & Post 2011 HB115 and HB260,” 2011 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 Recognition and Awards
