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What Is a Buy-Sell Agreement? A General Overview for Business Owners

Posted: August 25, 2025

Easements are common in real estate, but not always well understood. This post breaks down what they are and how they can affect property use.

Two people sit at a desk discussing housing or real estate; one holds a small wooden house model while the other has folded hands. A clipboard with a Buy-Sell Agreement labeled "RENT" and a pen are on the table.

In the world of business partnerships and closely held companies, planning for the future isn’t just smart—it’s essential. One important tool that often comes up in those conversations is something called a buy-sell agreement. While the name might sound a bit technical, the concept is pretty straightforward: it’s about what happens to an owner’s share of the business if they leave, retire, pass away, or experience another major life event.

Here’s a general breakdown of what a buy-sell agreement is and why it matters.

What Is a Buy-Sell Agreement?
A buy-sell agreement is a legally binding contract between co-owners of a business that outlines what happens to an owner’s share if they no longer want to—or are no longer able to—stay in the business. It’s often considered a business continuity tool, helping to protect the interests of both the individual owners and the company as a whole.

These agreements are commonly used in partnerships, limited liability companies (LLCs), and corporations.

When Does a Buy-Sell Agreement Come Into Play?
Buy-sell agreements are typically triggered by certain life or business events. Common examples include:

  • Retirement or voluntary departure
  • Death or disability of an owner
  • Divorce or personal legal matters
  • Disputes between business partners
  • Bankruptcy or insolvency

The agreement outlines what happens next—such as who can buy the departing owner’s share, how the price is determined, and how the transaction should be handled.

Types of Buy-Sell Agreements
There are several common types of buy-sell agreements. While the specifics vary, the general structures include:

  • Cross-Purchase Agreements: Other owners agree to buy the departing owner’s share.
  • Entity-Purchase Agreements: The business itself agrees to buy back the departing owner’s interest.
  • Hybrid Agreements: A combination of the two, where either the company or the remaining owners may have the option to buy.

These agreements often include funding strategies, such as using life insurance policies to ensure there’s cash available when needed.

Why Buy-Sell Agreements Matter
Buy-sell agreements can provide clarity and peace of mind in otherwise uncertain situations. They help ensure a smooth transition of ownership, protect the company from unwanted third-party involvement, and prevent disputes that could arise if there’s no plan in place.

Even in businesses where everyone is on the same page today, circumstances can change over time—and a written agreement helps prepare for those changes.

Final Thoughts
A buy-sell agreement is one of those foundational documents that many business owners consider early in their company’s life. It’s all about having a plan in place before a transition happens.

If you’re interested in learning more about how these agreements typically work, feel free to reach out to our team at Borden, Steinbauer, Krueger & Knudson, P.A.

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About Us

For over 55 years, Borden Steinbauer, Krueger & Knudson, P.A. has been providing effective legal representation to individuals, businesses and area municipalities in the Brainerd Lakes and surrounding areas.

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Mail: P.O. Box 411 Brainerd, MN 56401
Office: 302 S. 6th St. Brainerd, MN 56401
Phone: 218-829-1451
Fax: 218-829-2946
 
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Policies & Terms

SAMUEL D. CLAUSEN

Associate

Born and raised in St. Cloud, Minnesota, Sam is thrilled to return to Central Minnesota after passing the bar exam in 2024. Sam's diverse experience spans roles with the Douglas County Attorney’s Office (Civil Division), a Nebraska lobbying firm, Hudl, and the University of Nebraska Civil Clinic. Through these positions, he gained valuable exposure to various areas of law, including civil litigation, policy advocacy, and client counseling. Early in his legal career, Sam is eager to leverage his skills and experiences to deliver effective and personalized legal solutions for BSKK’s clients.

Areas of Practice:

- Business Litigation

- Construction Litigation

- Property Law & Real Estate

- Contract Disputes

- Personal Injury

- Probate/Trust Disputes

- Landlord/Tenant

- Family Law

Education:

- University of Nebraska College of Law, Lincoln, Nebraska, 2024, J.D.

- Concentration in Real Estate and Business Transactions

- North Dakota State University, Fargo, North Dakota, 2019, B.S.

- Honors: Magna Cum Laude

- Majors: Political Science and Management Communication

Bar Admissions:

- Minnesota 2024

Professional Memberships:

- Minnesota State Bar Association

DAVID V. HURT

Associate

David V. Hurt is a seasoned litigator who has been advocating for individuals, families, and businesses across Minnesota since 2012. His practice is rooted in a practical, results-driven approach that blends strategic litigation with thoughtful dispute resolution. David's clients trust him to navigate complex legal issues with clarity, efficiency, and unwavering commitment.

He began his legal career clerking for the Honorable John G. Melbye in the Ninth Judicial District of Minnesota, where he gained invaluable perspective on trial practice and judicial reasoning. Since then, he has built a diverse portfolio of experience at firms in Minneapolis, Washington, D.C., and Pennsylvania—litigating matters ranging from corporate and construction disputes to aviation claims.

David’s practice spans a wide range of civil matters, including business formation and litigation, real estate and land use disputes, probate and trust litigation, and family law. He is particularly experienced in resolving high-conflict disputes and routinely employs alternative dispute resolution strategies to secure favorable outcomes for his clients while minimizing cost and disruption.

Areas of Practice:

  • Business Formation & Litigation
  • Contract Disputes & Commercial Litigation
  • Construction Litigation
  • Real Estate, Property & Land Use Law
  • Probate, Trust & Estate Litigation
  • Guardianships & Conservatorships
  • Family Law
  • Landlord Representation & Evictions

Education:

  • J.D., Florida Coastal School of Law, Jacksonville, FL, 2012
  • B.S., University of North Dakota, Grand Forks, ND, 2009

Bar Admissions:

  • Minnesota, 2012
  • U.S. District Court, District of Minnesota, 2018

Professional Affiliations:

  • Minnesota State Bar Association
  • Brainerd Jaycees
  • Brainerd Elks Lodge 615
  • Brainerd Lakes Area Chamber of Commerce

VIRGINIA J. KNUDSON

Shareholder

Virginia "Ginny" Knudson represents individuals and businesses in various areas of law, including, estate planning and probate, business and corporate, real estate, and governmental relations. Ginny provides mediation services in divorce and custody, especially for business owners and high wage-earners, as well as for real estate, probate and business disputes.  Ginny has been selected as a top attorney by Minnesota Super Lawyer Magazine from for 13 years.

 

Areas of Practice:

– Estate planning

– Business and corporate

– Real estate and landlord representation

– Probate disputes, guardianships and conservatorships

– Municipal and governmental relations

-- Mediation

 

 

Education:

– University of Minnesota Law School, Minneapolis, Minnesota, 1994, J.D.

    – Honors: Cum Laude

– University of St. Thomas, Minneapolis, Minnesota, 1991, B.A.

    – Honors: Summa Cum Laude

    – Honors: Aquinas Scholar

    – Major: Economics, Spanish, Minor: Business

 

Bar Admissions:

– Minnesota, 1994

– U.S. District Court District of Minnesota, 1994

– U.S. Court of Appeals 8th Circuit, 1996

 

Professional Memberships:

– St. Francis Church Finance Council, 2004–present, Chair and Trustee
- Essentia-St. Joseph's Medical Center, Directors Council, 2020-present

- Lakes Area Music Festival Board, Board Member 2022-present

– Brainerd Area Chamber of Commerce, 2016-2022, Board Member and Chair
– Mount Ski Gull, Board Member, 2014-2019

– Benevolent and Protective Order of Elks, Brainerd Lodge #615

– Zonta International, 1999–2018

– Jaycees, Brainerd, 1998–1999

– Aitkin/Crow Wing County Bar Association, 2000–2001, President 

– Aitkin/Crow Wing County Bar Association, 1999–2000, Vice-President

PATRICK M. KRUEGER

Retired

Patrick has been practicing law since 1980, dedicating over 90% of his career to representing personal injury victims and their families, as well as handling a wide range of civil litigation matters. He is a Certified Trial Specialist recognized by the Minnesota Bar Association and was named a leading American attorney in personal injury law by the American Research Corporation. His professional excellence also earned him recognition as a Super Lawyer by Minnesota Law & Politics, placing him among the top six percent of attorneys in Minnesota.

Pat is enjoying a well-deserved retirement after 40+ years of practice. We thank Pat for his years of dedication to the firm and his service to the Brainerd Lakes Area. His legacy is marked by a deep commitment to justice, compassion for clients, and significant contributions to the legal profession.


Areas of Practice (during his active years):

  • Plaintiff’s Personal Injury

  • Civil Litigation

  • Real Estate Litigation

  • Construction Litigation

  • Contract Litigation

  • Mediation and Arbitration

Education:
University of North Dakota School of Law, Grand Forks, ND – J.D., 1980
   - Honors: Graduate of the Year, Bruce Inn
   - North Dakota Law Review, 1979–1980
Concordia College, Moorhead, MN – B.A., 1974
   - Major: Business Administration / Hospital Administration

Bar Admissions:

  • Minnesota, 1980

  • U.S. District Court, District of Minnesota, 1981

Professional Memberships:

  • American Bar Association, Member

  • Minnesota State Bar Association, Member

  • American Association for Justice, Member

  • Minnesota Association for Justice, Member

  • Crow Wing-Aitkin County Bar Association, Past President

  • Brainerd Area Chamber of Commerce, Past Board Member

  • Brainerd Jaycees, Past President (1981–1982)

  • Benevolent and Protective Order of Elks, Brainerd Lodge #615, Past Exalted Ruler

  • P.O.R.T. Group Home, Past Member, Board of Directors

CHARLES P. STEINBAUER

Shareholder
Chuck has over five decades of legal experience helping clients with their real estate and business law needs. Chuck also assists clients with their estate planning and prenuptial agreement needs.
 
Areas of Practice:
- Business and commercial law
- Estate planning
- Probate and estate administration
- Real estate law
 
Education:
- University of Minnesota Law School, Minneapolis, Minnesota, 1969, J.D. 
- St. John's University, Collegeville, Minnesota, 1966 B.A. 
 
Bar Admissions:
- Minnesota, 1969
- U.S. District Court District of Minnesota, 1971
 
Professional Memberships:
– 15th District Ethics Committee, 1993–1999, Chair
– Benevolent and Protective Order of Elks, Brainerd Lodge #615 
– Past Exalted Ruler
– St. Francis of the Lakes Catholic School Foundation Board
– Baxter Bass Snatchers