Are you bound by a verbal agreement to representation, before you have signed the contract? I'm wondering because my offering agent has been rigid about the acceptance deadline, but counter-offers are taking longer than expected, and then the actual contract will take a few days of review before signing. I'm very stressed out!
"Handshake" before contract signing .. are you bound?
- Thread starter elsett
- Start date
How long did your offering agent give you to close out correspondence with other agents? One week is standard, with some wiggle-room built in. Is it taking longer than that?
I had exactly one week from offer to deadline, and I requested one more day because another agent (who has rep'd books much closer to mine) said she would need that. But agent #1 said she needs an answer today. Is that a red flag? I don't think 8 days is unreasonable.
It's not necessarily a red flag. Agents are busy, and she's possibly got a lot on her plate right now.
Have you checked the offering agent out in the bewares section here, or vetted them by making sure they've got sales / clients you've heard of? Do they work in a legit agency? (Do NOT call them out here, for your own sake. This board is public.)
Have you checked the offering agent out in the bewares section here, or vetted them by making sure they've got sales / clients you've heard of? Do they work in a legit agency? (Do NOT call them out here, for your own sake. This board is public.)
8 days is not unreasonable, but if they're a reputable agent with a decent pipeline, it's also not to unreasonable that they might have a personal policy of 'one week, fish or cut bait.'
So she gave you a week to decide? Or you asked for a week?
In my experience, both times I signed with an agent, the agent offered and I asked for time to let other agents know. I didn't feel pressured, and it seems strange to me that she'd, in some sense, want to pressure you to make a decision before you had all the information you needed to make a decision you felt comfortable with.
But none of that helps you with your problem, which is that you prospective agent wants a decision when a week is up no matter what. I guess what I would say is that if the deadline bothers you & you feel unduly pressured, consider how that might be a part of your relationship with that agent in the future. You haven't agree to anything yet, and taking a week to think about it doesn't mean you're going to say yes after the week is up, even if this agent is your only offer. If you don't feel comfortable with them, then don't sign.
Best of luck, whatever you decide.
In my experience, both times I signed with an agent, the agent offered and I asked for time to let other agents know. I didn't feel pressured, and it seems strange to me that she'd, in some sense, want to pressure you to make a decision before you had all the information you needed to make a decision you felt comfortable with.
But none of that helps you with your problem, which is that you prospective agent wants a decision when a week is up no matter what. I guess what I would say is that if the deadline bothers you & you feel unduly pressured, consider how that might be a part of your relationship with that agent in the future. You haven't agree to anything yet, and taking a week to think about it doesn't mean you're going to say yes after the week is up, even if this agent is your only offer. If you don't feel comfortable with them, then don't sign.
Best of luck, whatever you decide.
Most agents are happy to be flexible about deadlines. But sometimes it's just not possible.
I do hope you've checked this one out very carefully.
Even if they are definitely legitimate, how would you feel about working with someone this inflexible?
I do hope you've checked this one out very carefully.
Even if they are definitely legitimate, how would you feel about working with someone this inflexible?
I do feel a bit uncomfortable. I'm in the contract negotiation stage right now, and I wonder, what happens if we can't agree on a contract? If I decide to part ways, will she be able to sue me based on that pre-contract "handshake"? That seems absurd...
Thank you. I am having second thoughts now. I hate to be pressured, and with my extreme clinical anxiety it's a bad mix for a professional relationship! No we're negotiating the contract, and I'm wondering what happens if we can't agree.
It doesn't sound like you'd be able to have a good working relationship with this agent, no matter how good they are. And the lack of flexibility is disconcerting. If you like you could send me the agent's name by private message and if I know of any associated red flags, I'll let you know.
I've just realised: you say you've got a "handshake agreement" or similar with this agent: but you're waiting to hear back from other agents. If you've agreed to accept representation from this agent, why are you waiting to hear back from those others? Is she aware that other agents are looking at your work? I'm confused.
- Joined
- Feb 3, 2016
- Messages
- 1,210
- Reaction score
- 192
You're negotiating the agency's contract? Are there troubling clauses in it?
It would be a red flag for me if an agent tried to push me into a decision. Not necessarily that she's not legitimate, but that I wouldn't want to work with her. My agent advised me to notify other agents of her offer and give them time to read the full before I made a decision. I asked for 10 days, which she was fine with, and she didn't push me into anything. From what I read on agent blogs and Twitter etc, that's how most reputable agents behave.
I know who the agent and agency is, and can see no problems with them. They're legitimate as far as I can tell.
My agent's contract is very straightforward and reasonable and required no negotiating. It just said they'd represent me, and detailed the commissions and termination requirements. That sort of thing. It was all standard.
My agent's contract is very straightforward and reasonable and required no negotiating. It just said they'd represent me, and detailed the commissions and termination requirements. That sort of thing. It was all standard.
Why are waiting to hear back from someone else if you've already agreed? If you needed that time to hear back from other agents, you should have said you needed time to notify other agents before making a decision. But it sounds like you already told the "inflexible" agent yes already and are not being upfront that you are still looking, so if you do end up going with someone else, you're backing out. It sounds like the "inflexible" agent is under the impression you need time to look over the contract, not wait to hear back from other agents. Not signing with them because you've got reservations about the contract/the working relationship is not the same as not signing because you chose someone else after you already agreed to representation. That's like you getting engaged to your boyfriend/girlfriend but backing out because you don't see it working vs. backing out because you dumped them for someone else.
Last edited:
I must admit I'm surprised you're trying to negotiate an agency contract at all, tbh. There's nothing in mine that I wouldn't regard as standard - commissions, termination arrangements etc are all exactly what I expected and I was perfectly happy to sign it as-was.
- Joined
- Aug 31, 2014
- Messages
- 51
- Reaction score
- 7
I'm confused here.
Why or how do you have a verbal agreement, if you are still taking/seeking offers from other agents?
Are you just using this as some kind of figure of speech, or do you mean you actually have a verbal agreement with an agent? In which case, it would be odd to still be seeking representation since a verbal agreement is a contract.