Joshua S. Stanley

Associate

stanleyj@ballardspahr.com
Tel 801.531.3026
Fax 801.531.3001
Salt Lake City

Joshua S. Stanley focuses his practice on real estate and hospitality law, with an emphasis on vacation and shared ownership industries. He assists clients with matters involving shared ownership, timeshares, condominiums, undivided ownership interest (UDI) vacation rentals, travel products, exchange products and programs, seller of travel, resort management, and owner associations across the country and internationally.

Representative Matters

  • National and global hospitality brands with respect various aspects of shared ownership and vacation products, including licensing, registration, seller of travel, marketing, telemarketing, internal and external exchange programs, preparation and review of consumer purchase and financing documents, disclosure documents, escrow and alternative financial assurances, civil investigations, and consumer complaint matters.
  • National hospitality company in the development and implementation of electronic contracts (eContracts) platform, including electronic signature consent compliant with federal ESIGN and applicable state UETA statutes; preparation and review of digital contracts (eContracts), digital notes (eNotes), and digital disclosures (eDisclosures), and related documents; review, drafting, and negotiation of agreements with digital platform service providers; and amendments to existing loans with various lenders to accommodate electronic collateral.
  • An international hospitality company in all aspects of a merger, including drafting and negotiation of merger agreements, timeshare registration, drafting and recordation of instruments, managing international matters with local counsel, assistance with non-profit and association actions necessary to approve the merger, and an array of other merger related matters.
  • National hospitality companies with financing transactions including receivables financing facilities (hypothecations, revolving lines of credit, sales, and securitizations) related to timeshare projects throughout the United States.
  • Regional hospitality company in the negotiation, review and drafting of loan documents modifying loan covenants and obligations to accommodate operational and financing adjustments necessary to address pandemic (COVID-19) related issues.
  • National and global hospitality brands in the creation, structuring, documentation, and state by state registration of single-site and multi-site timeshare programs.
  • Regional hospitality company as the seller in the due diligence, drafting, review, and negotiation of purchase and sale documents, representations and warranties, and related timeshare registration matters associated with the sale of a resort to a third party.
  • A longtime, Utah-based developer in the creation, structuring and documentation for a master planned community in Utah, including multiple condominiums and community ownership associations.
  • A Utah-based resort developer in the in the creation, structuring and documentation for a master planned community in Utah, including condominiums, commercial spaces, fractional ownership, community amenities, and community ownership associations.

Professional Activities

J. Reuben Clark Law Society, 2010 – present

Utah State Bar, CLE Committee Member, Real Property Section, 2018 – present

Utah State Bar, Chair, Franchise Section, August 2015 – August 2016

Utah State Bar, Vice Chair, Franchise Section, August 2014 – August 2015

Publications

Co-author, “The Laws of Franchising,” a chapter in Utah Business Law for Entrepreneurs and Managers, 2016

Brigham Young University, J. Reuben Clark Law School (J.D. 2013)
Executive Editor, Journal of Public Law, 2012-2013
Associate Editor, Education Law Journal, 2012-2013

Brigham Young University (B.A. Philosophy)

Utah