The title of this article doesn’t sound quite right, does it? The purpose of buy-sell agreements is to provide peace-of-mind for shareholders. In theory, these “agreements” should provide relatively easy business transitions from one shareholder to another.
Often, however, these well-intentioned documents fail business owners in highly emotional times (death, divorce, disability, retirement, etc.) and provide anything but peace. The agreements frequently contain incorrect and/or confusing language and/or outdated formulas. Given these problems, there is little wonder that some of these transactions end up in litigation where business transitions are never easy and peace-of-mind is rarely attained.