Sending to Editors/No Contract

I would not have an agent sending out my work without a contract, whether in writing or firmly verbal. I've read of dodgy agents who have used this to fish for interest and then drop the prospective client when no interest shows, which then means you've lost out on those publishing houses.

And, really, I want someone who believes in me and my work enough to jump on board without reservation.

I believe that there are some agents who don't use contracts. However, whether or not a contract is involved, I would want to make sure the agent was really interested in representing me. I would hate to have an agent send out a couple of submissions to test the waters and then decide not to do more. This would restrict what a future agent could do and would likely limit interest from other agents.

With or without a contract, I think there should be some sort of commitment and agreement.

Also, have you checked the agent out to make sure everything's legit? Does the agent have a lot of good sales?

If it was a solid agent, I wouldn't mind letting them "test the waters," as long as they let me know where they had sent it if they decided not to take it on. Unless I had reason to believe other agents would be snapping it up, I'd accept a "maybe" over a "no," personally.

Fruitbat said:

If it was a solid agent, I wouldn't mind letting them "test the waters," as long as they let me know where they had sent it if they decided not to take it on. Unless I had reason to believe other agents would be snapping it up, I'd accept a "maybe" over a "no," personally.

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If I'd exhausted my list of agents to query then, yeah, I guess that's reasonable. Otherwise I don't think it's good to settle. My understanding is that it's much harder to get an agent for a manuscript that's already been subbed. Taking a "maybe" now could lead others to say "no" later.

Ferret is right.

If this person wants to represent you, she should do so wholeheartedly. If she sends it out to a couple of editors and they say no, and she then decides she can't help you, you're going to find it much harder to find an agent for this book as it will have already gone out on submission.

Doubling down on what Old Hack and Ferret said. The problem isn't the lack of a written contract, because some agents don't use one (none of mine have, and I didn't myself when I was an agent; they're more for the agent's protection than the writer's). "Sending it to a few publishers" is the problem if by that she means that she'll cherry-pick a few likely prospects, then dump the book if it doesn't sell. That will leave you in a very bad position, since most agents won't touch a book that's already been rejected by the most likely buyers.

Agents don't grow on trees, though, and I wouldn't be so quick to discard this offer. Instead, why not have a conversation with the agent about your concern, and try to move her to where you want her to be on this matter? Nothing is set in stone at this point.

I'd check out this agent further - is this common practice? Have they actually made any sales or are they just grabbing authors and hoping for a hit?

I don't know how much research you've done on this agent but I wouldn't do anything without a contract.

JMO.

maracalone said:

Hi everyone. I tried searching for this topic, but I couldn't find it.

I have an agent saying she would like to send my novel out to a couple editors at publishing houses because she thinks it would garner interest (it was explicitly stated that it would be editors at houses, not editors because my ms needs work). However, we do not have a contract. A contract has not been spoken of thus far. I told her I do not want her to do so without a contract.

If I am solely going off my background knowledge, then I think this is a major red flag as a contract should always be in hand. Should I be wary? Did I act incorrectly?

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A couple of questions:

Is this an agent you queried and who has requested and read the full ms.?

Is the agent someone you want to represent the contract and your future career if she can sell the first book?

I agree that not every agency uses a written contract. My own agent did a letter of understanding that's more fluid than a typical contract. But she did spend time on the phone and email with me beforehand to discuss her vision for the book. She also wanted to send out to a few test editors and went into detail on why she was approaching the editors she did before sending out to a larger list. Her reasoning made perfect sense. The agent contacting you may have similar reasons that will make good sense to you.

However, all the advice here goes out the window if you never queried the agent in question, or if the full has never been read and discussed... That would turn your question into a whole different thing.

I prefer working without an agent contract. It's not as uncommon as some think. The real question is who this agent is, who she represents, and what books she's sold to top publisher.

Some agents do test the waters by sending to only a couple of editors, and far from making the book harder to sell if those editors say no, it can allow you to make changes based on what those editors say, and stand a better chance of selling the book before all the good publishers have been exhausted.

But it all comes down to who the agent is, and how big her footprint is. If she's a top agent who represents some high quality writers, she knows what she's doing, and has the clout to make this work.

If she's an agent without much experience, without a big footprint and quality sales behind her, I wouldn't go near this offer.

Old Hack said:

Ferret is right.

If this person wants to represent you, she should do so wholeheartedly. If she sends it out to a couple of editors and they say no, and she then decides she can't help you, you're going to find it much harder to find an agent for this book as it will have already gone out on submission.

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When searching for my current agent, almost every agent who requested materials wanted me to confirm that my former agent hadn't shopped the book I was querying at all.

I don't like anything about your description of her interest, whether she's agreeing to represent you or not. (And, if she's not offering, then she shouldn't be sending it to anyone. That's your agent's job.)

The lack of a contract doesn't trouble me. I didn't have one with my first agent and do have one with my current. Both shopped the books vigoriously. The lack of an agreement of representation between you is a whole other thing, though. A big old deal-breaking thing, IMO.

My agency doesn't use a contract, and it's one of the older ones around. My agent did send me an e-mail that detailed the agency's obligations and expectations, as well as his plans for marketing, and I felt quite comfortable with that.

My suggestion: Don't auto-reject. Discuss. Also, a contract doesn't guarantee an agent will keep shopping your book if she loses interest or faith.

One thing I asked of my agent and would recommend anyone ask is that he keep you informed of every submission and its outcome, including any correspondence with the editor. I hear some peeps don't want to know what's happening. Not knowing would drive me nuts. Besides, if the agent doesn't pan out, you MUST know who's already seen the MS. Better to know sooner than have to fight to get the list later.

It sounds like you went with your gut, and to me, it sounds like a good decision.

Even if an agent doesn't use contracts, they should still very clearly state that they are committing to represent you and take you on as a client. It seems as if this agent wants to dip a toe in the water to gauge interest without committing to you and your work. Perhaps I'm interpreting the situation incorrectly, but that raises a big flag for me.

Good luck with your queries!

maracalone said:

The agency is...um...let's just say I had to contact Victoria.

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Very good decision then.