When signing with agent - is it okay to take agreement home first?

This seems very unusual. Most people get their offer of representation on the phone and the contract comes in the post. Are you actually meeting an agent to discuss representation, or is this more of a hypothetical?

Personally, I'd want to take time to read and carefully consider the contract, as with any legal document. An agent shouldn't be offended if you tell them you'll read it, sign it and get it back to them.

edit: Having read your other thread, I see this is not a hypothetical but an actual, as it were. Congratulations! If you'd really like to finalise everything at that meeting, you could ask the agent to email/mail you a copy of the contract in advance so you can go over it - then you could do the actual signing at the meeting.

1st, very few writers meet their agents on the initial contact. Most is done via snail mail or email.

Reputable agents understand you may want to have a lawyer look the agreement over. (I don't think any lawyer will do though, as you need one who specializes in intellectual property rights, etc.)

The Sciencefiction and Fantasy Writers of America website has sample contracts you can download and they explain each term and section...

Any agent that does not allow for a review period you need to walk away from...
Anything in the contract you disagree with should be ironed out with the agent before signing the final version of the contract/agreement.

Nick Anthony

You shouldn't sign any contract in the same meeting it is handed to you.

Never.

Ever.

Under no circumstances.

Even if they've got a wheelbarrow full of money sitting next to the table for you.

Contracts are hard devious pieces of work. It is vital you understand each clause and also the effect of clauses on other clauses. The clauses that modify other clauses are the most devious. That lovely clause on the first page that says the publisher will market the book to the best of their ability? It gets modified by the back page which says they'll put it up on a website.

Any agent, or anyone with a contract in their hand, should never be pressuring you to sign. They should be telling you to seek legal counsel, to research contract terms, to take it away and think about it for a while.

Getting a contract by email is great for you to read beforehand but you still shouldn't sign at the first meeting if you have questions.

If the agent says something and the contract says something else, the contract wins. If you hear the phrase "oh, don't worry, it's standard", then worry.

It can be hard to do but you need to look at contracts as though they already exist and you and the other party deeply hate each other. What can they do to you? What legal ramifications are there? If they have ripped you off, how much can you sue for or have they limited the liability?

Don't let the excitement of getting an agent overwhelm the rational you who needs to protect himself legally.

Andrew--good luck and keep us posted!