Agent / Contract Question

[a.j. atlanta]

Hello
I currently have one contract, I have not signed from a small agent. We are still working out the length of the contract - he wants it for a long time. I recently got a phone call from a very well respected agency. I have returned their call but was only able to leave a message. My concern is - the first agent is just working out small details with me and then is expecting me to sign. But I would like to wait and see what the other, bigger agency has to say - as I would rather go with them. I know it sometimes takes bigger agents longer to get back to you. Any suggestions on how I should handle this in the most professional manner possible? Thoughts and ideas would be GREATLY appreciated!

[leslee]

There are some things you don't mention. First, did agent #2 offer you representation in their message? I'm assuming they did. Second, do you already have an oral agreement with agent #1? Or is it still in the negotiation stage? If you've agreed to be represented by agent #1, it is unfair to call it off unless they've done something wrong.

However, if you don't have an oral agreement with agent #1, call agent #2 again on Monday or email them. Tell them you have had an offer from another agent (don't name the agent), but you would like to speak with them before you make a decision. But don't give them too much time to get back to you, or you may lose agent #1 if they don't feel like waiting.

[Eric George]

Yes - be cool and concentrate on what is best for you. You can always tell agent one you are visitng your sick mother for a couple of days and will be out of touch.

Don't put all concerns of morality aside - that's bad for your soul - but if you still have an open deal, it's an open deal. You are 100% free to shop around until the ink's on the paper.

If you had fallen in love with a car and were nearly buying it, but got an offer you couldn't refuse from another dealer, wht would you do?

[leslee]

Finding an agent is nothing like buying a car. It's a relationship that can extend for years. You need to be honest about what you really want and what you've already agreed to.

[writer bette]

What's "a long time?" If it's more than a year, you might want to back off in any case.

Is the small agency a new agency? If it's a long-standing agency, is there a reason it's still small?

By all means, call agent #2 and explain you've had another offer, but want to consider them and is it possible they can respond quickly so you can be fair to everybody.

So many things to think about. This agent business is like a game played with blindfolds.

[Eric George]

I agree with Leslee about the need for honesty on both sides. However, the agent is, in the end, trying to make money out of your work and he will naturally look out for his own interests first. That's business.

It may be that his interests and yours lie together for a while but there is already one place that they differ. He would you like to bind yourself for a long period, and you would prefer to be able to re-negotiate after a shorter period. Is he sitting around saying 'I ought to be kind to this struggling author and give him cheap prices, extra promotion, short contract period'? Of course not (or he's not the business man you want representing you!) He is asking for a substantial commitment from you while offering you what? An equivalent commitment in marketing effort? Or is it more in the nature of 'if something good turns up, we'll both make lots of money'?

[a.j. atlanta]

Hi there
Thanks for the advice. I do have a written contract but the terms are for 18 - 24 months - with no termination clause and that makes me a little nervous. There are a few other smaller tweaks we are working on. He has been around for awhile and still remains to be a little small. I think I will call agency #2 on Monday and communicate that I have another offer - should I mention that it is a written offer? Why or why not? Thanks so much for the help - you are a lifesaver!
AJ

[a.j. atlanta]

About 18 - 24 months with no termination clause - although I need to call back in the next day or so to get the exact details. Yes - it is a small agency - and appears to have been so for about 15 - 20 years.

[Eva Olson]

A.J,

You don't mention what the contract is for. If it is for a book, especially fiction, 18-24 months doesn't seem very long considering the time it takes to get a book all the way through publication.

Also, if there are any clauses in a contract that you don't agree with, it is acceptable to negotiate with the other party to either strike or modify the clause. If the agent refuses to negotiate regarding the part of the contract that has you worried, I would consider that a "red flag". In other words, what else might you disagree with and not be able to work out because of their inability or unwillingness to negotiate?

If you really have reservations, I would suggest contacting a contract lawyer before you sign. These suggestions apply both to the small agency and the larger one.