Question about Exclusivity with an Agent

jporter · Mar 10, 2007

Help! An agent (from Firebrand) has read my manuscript and loved it, but wants to talk about some notes he has on it. However, in an email, he says that he'd give me editorial feedback, "...with the understanding you were working with us exclusively."

Is this a common practice?

Also, I still have the manuscript out at 2 other agents who have yet to get back to me. Should I beg this agent off until I hear from the others or just stop worrying and sign up with him?

If you have any experience with this sort of thing, I'd love to hear it prior to making "the call."

Thanks so much.

Rolling Thunder · Mar 10, 2007

I'm still searching for an agent, but a common thread seems to be 'exclusives suck'. You might want to check out your proposed agent's background. Now's the time to slow down and take time to make sure the agent: 1.) Is working for your best interests. 2.) Is a good match for you personally.

I'm sure others will jump in and give some good advice.

Also, check out http://misssnark.blogspot.com/ for some good answers.

ETA: Here's a better link that spells out why: http://misssnark.blogspot.com/search?q=Exclusives

rugcat · Mar 10, 2007

jporter said:
Help! An agent (from Firebrand) has read my manuscript and loved it, but wants to talk about some notes he has on it. However, in an email, he says that he'd give me editorial feedback, "...with the understanding you were working with us exclusively."

It's unusual, but not at all unheard of, for an agent to wait on offering representation until he or she can see if you're capable of making satisfactory changes. But remember, no agent is going to take the time to work with you if they don't think there's a good chance it will work out.

Firebrand is, I believe, founded by Nadia Cournier, a good agent. You may be dealing with a different newish agent, but interest from Firebrand is still a very positive sign. Unless your ms is currently out to someone you consider your dream agent, I'd be mightily tempted to snap them up, given the opportunity. Whatever you do, however, don't try to finesse your situation or be less than forthright -- it will surely come back to bite you.

Perhaps others with personal experience with Firebrand can weigh in.

rugcat · Mar 10, 2007

Rllgthunder said:
I'm still searching for an agent, but a common thread seems to be 'exclusives suck'.

True, but there is a lot of difference between, "I want to look at your ms, but only if no one else is looking," and "I've looked at your ms and am interested in working on it with you, but I don't want to spend the time and effort improving it only to have you sign with someone else."

Rolling Thunder · Mar 10, 2007

A good point.

Susan B · Mar 10, 2007

rugcat said:
It's unusual, but not at all unheard of, for an agent to wait on offering representation until he or she can see if you're capable of making satisfactory changes. But remember, no agent is going to take the time to work with you if they don't think there's a good chance it will work out.
Perhaps others with personal experience with Firebrand can weigh in.

In my experience (along with other writers I know, especially first timers) it's been common for agents to read a partial/proposal, and then communicate interest--along with changes they'd want to see. They may not actually ask to see you make those changes before offering representation--but it's in the interest of both parties to get a feeling early on for how comfortably you can work together, whether your shared vision of the book is similar enough, etc. And I never had anyone ask for an exclusive at the stage of reading a partial and then responding to it in a preliminary way. Once you enter into further discussion, perhaps making revisions, then it's different, of course. I think it's kind of assumed you're "monogomous" at that point, even if there hasn't been a formal contract offered yet. It's as much a courtship as negotiation.

No experience with Firebrand myself--but if the agent is a "he" that must mean he's new at the agency, since originally they were 2 women, no?

Congratulations, jporter, on getting some serious interest--and good luck! And I agree that you should not jump at the first offer, if something seems "off."

Susan

ORION · Mar 10, 2007

If you queried Firebrand I assume you would be happy to have them as an agency. They are reputable and have made sales.
Other commenters said the same thing I will say. What is happening to you is far different than an exclusive read. It is the start of a professional relationship that in all likelihood (if you are able to perform edits commendably) will lead to representation.
Many agencies whether they have a written agreement or not start the relationship out this way. My agent worked with me to tweak my manuscript before any agency contract was signed.
You have every right to ask this agent's intentions but this whole situation is not uncommon.
When an agent says they love your book that is no mean thing. It is the MOST important thing in the relationship.
My advice?
If you feel good about it then let the others sit and ask (after he seems pleased with your edits) whether he is offering representation.
If you do not feel good. Communicate with the other agents and let them know you have an offer from another agent and what the status of your manuscript is.
Good luck

jporter · Mar 10, 2007

Thank you all for the great responses. I appreciate it immensely.

victoriastrauss · Mar 11, 2007

I get awfully tired of the "exclusives suck" thing. Lots of things suck about the submission process, including rejection letters and too much postage on too many SASEs. Tough noogies. From an agent's perspective, exclusives are completely defensible, at least for full manuscripts. Why should the agent invest substantial time and effort in reading and evaluating an entire manuscript if she knows that someone else might snatch it out from under her? This is UNCOMPENSATED time, folks--the agent doesn't get a cent for it unless she takes you on and then manages to sell your book. If I were an agent, I would definitely ask for an exclusive on any full manuscript I agreed to read.

That said, exclusives shouldn't be abused. There should always be a time frame--a month is plenty long--and the agent should accept that if she can't make up her mind by then, she loses exclusivity.

- Victoria

Unimportant · Mar 11, 2007

What about exclusives on a partial? I seem to be seeing this request with increasing frequency from agents who ask to see 30 or 50 pages.

giftedrhonda · Mar 12, 2007

I had a few agents request exclusives to read my partial and fulls back when I was agent hunting. I couldn't grant them and was honest about it, but did promise to not make any decisions without talking to them first. All but one were fine with this.

However, this didn't involve doing any revisions--this was just the initial reading. Really, you need to go with your gut. Is this an agency you're willing to lock yourself into exclusively for a while, without knowing a time frame? Are you willing to accept the possibility that you may make revisions and still not be signed? Do you agree with the revisions requested?

I've had several friends get screwed by arrangements like this (meaning, they get locked into exclusivity with an agent, work hard on revisions before being signed, and then get R'd). However, I also have friends who had this work out perfectly--the agent liked the revisions and signed with them.

My agent said she'd sign me, but told me ahead of time what revisions she'd require. So I knew up-front what I was getting into.

Go with your gut. Only you know what is the best move for you. Exclusives can be okay if it works with what you need--e.g., you know this agency is great for you, or you don't have any other partials/fulls out at the moment, so it won't hurt anything. Just keep in mind that doing revisions doesn't guarantee being signed, and it does prevent you from finding other representation during that time. But that may turn out to be just fine for you.

Wishing you the best of luck! As always, what I've stated is my opinion only. Hope it helps!!

Rhonda

victoriastrauss · Mar 12, 2007

Exclusives on partials do suck. I don't think there's a convincing argument for those.

I'm hearing about exclusives on partials with increasing frequency also. IMO, it's part of a wider trend that includes passing more and more of the cost of submission to clients, and an increasing tendency to drop clients if they don't sell right away.

- Victoria

e.dashwood · Mar 12, 2007

When I was submitting to agents, I would send out the queries in groups. Occassionally, I get asked for an exclusive. Because other agents already had my stuff, I would disclose that and say that I would not accept any other offers unless I checked back with them first. In effect, I turned a request for an exclusive into a right of first refusal--if I had a particular interest in that agency. This was always acceptable, and I found representation with an agent who asks for an exclusive but was told honestly my stuff was elsewhere.

Thinking back, I would recommend simultaneous submissions as an honest way to turn down a request for an exclusive, while retaining the agent's interest.

ORION · Mar 12, 2007

I totally agree with dashwood.
That is exactly what I did.
However it appears that Jporter is at that next step where an agent is willing to start the editing process and that is a whole other ballgame. It usually is a way for the agent to see if the author can easily do edits -- how they are to work with -- and can lead to representation. Ultimately you have to decide if the suggestions make your work better and if you want to sign with the agent.
At this point exclusivity is not an unreasonable request.

Susan B · Mar 12, 2007

victoriastrauss said:
and an increasing tendency to drop clients if they don't sell right away.

- Victoria

Now that's kind of worrisome, agents dropping new clients if they don't sell quickly! Can you say any more about that, Victoria? (Just to give us something more to worry about

Seriously, what would be considered "right away," I wonder. And why would an agent actually drop a client, rather than simply go into lower-gear with submitting, or perhaps suggest the client move on to the next book?

Thanks!

Susan

eccentric artist · Mar 15, 2007

I had an agent who asked for a temporary exclusive while I submitted a partial. I read the feedback on AW and went with writing the agent saying that the manuscript was already out but would not make any decisions before I consulted her ( which was the truth). Unfortunately, the agent, I think took umbrage at this and sent a form rejection saying, maybe the "other agents" would be interested. If I ever get any agent that I submit to again ask for a temporary exclusive, I will say yes, even if the manuscript is out at other agents. Just my experience. Good luck.

DeadlyAccurate · Mar 15, 2007

eccentric artist said:
If I ever get any agent that I submit to again ask for a temporary exclusive, I will say yes, even if the manuscript is out at other agents. Just my experience. Good luck.

No! Don't lie. Agents talk to each other.

And would you really have wanted that agent to represent you after that response?

giftedrhonda · Mar 15, 2007

I wouldn't advise lying about it, either. They do talk, and you don't want to get it out that you're a liar...

mysterygrl · Mar 16, 2007

jporter said:
Help! An agent (from Firebrand) has read my manuscript and loved it, but wants to talk about some notes he has on it. However, in an email, he says that he'd give me editorial feedback, "...with the understanding you were working with us exclusively."

Also, I still have the manuscript out at 2 other agents who have yet to get back to me. Should I beg this agent off until I hear from the others or just stop worrying and sign up with him?

You're in a terrific position here. You have an agent who's seriously interested in you. Just be honest. Let him know you have fulls out to other agents, and ask him if he'd like to wait until you hear back from the other two to discuss his input.

My future agent gave me feedback on my manuscript, which I implemented, before signing. She didn't ask for an exclusive, but I stopped querying while making revisions because I knew her input would improve my book.

Best of luck!

victoriastrauss · Mar 16, 2007

Susan B said:
Now that's kind of worrisome, agents dropping new clients if they don't sell quickly! Can you say any more about that, Victoria? (Just to give us something more to worry about Seriously, what would be considered "right away," I wonder. And why would an agent actually drop a client, rather than simply go into lower-gear with submitting, or perhaps suggest the client move on to the next book?

Many do exactly that (go into lower gear--Kristin Nelson had a great post on this a while back--or suggest moving on to the next book). Client loyalty is definitely not dead. But I think the tendency to drop clients after five or ten rejections, or after a year with no interest (or to do the equivalent, and simply go radio silent in the hope that the client will go away on his or her own)--which used to be rare enough that agents who did it were the subject of Writer Beware warnings--is not so rare any longer, especially among younger agents at bigger agencies.

Obviously, situations vary. With a fantasy novel, if you made 10 submissions you'd probably be out of markets. But for other books, there are far more markets, and I think you really want an agent who will persist through Tier B and Tier C, and even look to independent publishers if the big boys don't work out--and who, if all options are exhausted for your current manuscript, will be willing to consider your next. At any rate, this is enough of an issue that I think it's worth discussing with an agent who has offered representation--just so you know where she stands on properties that don't sell, and where that will leave your relationship if it happens.

The same kind of change has happened with billing for expenses. Four or five years ago, billing was a pretty strong sign of amateurism or scammery, but it's now an accepted, if less desirable, practice among reputable agents. Can the 20% commission be far behind?

- Victoria

Susan B · Mar 16, 2007

Thanks for the response, Victoria! I'd love to find the link in Kristin's blog, too. One more way in which things are changing, I guess.

Reading this, I'd have to say I feel good about my own agent's peristence and committment so far.

Susan

e.dashwood · Mar 16, 2007

victoriastrauss said:
Many do exactly that (go into lower gear--Kristin Nelson had a great post on this a while back--or suggest moving on to the next book). Client loyalty is definitely not dead. But I think the tendency to drop clients after five or ten rejections, or after a year with no interest (or to do the equivalent, and simply go radio silent in the hope that the client will go away on his or her own)--which used to be rare enough that agents who did it were the subject of Writer Beware warnings--is not so rare any longer, especially among younger agents at bigger agencies.

Obviously, situations vary. With a fantasy novel, if you made 10 submissions you'd probably be out of markets. But for other books, there are far more markets, and I think you really want an agent who will persist through Tier B and Tier C, and even look to independent publishers if the big boys don't work out--and who, if all options are exhausted for your current manuscript, will be willing to consider your next. At any rate, this is enough of an issue that I think it's worth discussing with an agent who has offered representation--just so you know where she stands on properties that don't sell, and where that will leave your relationship if it happens.

The same kind of change has happened with billing for expenses. Four or five years ago, billing was a pretty strong sign of amateurism or scammery, but it's now an accepted, if less desirable, practice among reputable agents. Can the 20% commission be far behind?

- Victoria

In my case, after a year of rejections--about 20--my agent essentially said my work was on the back burner. I was candidly told he was focussing more energy on projects more likely to provide a financial return. However, I was also told that I was still on the list and that my project was mentioned whenever he was talking to an editor who might be appropriate. And in the end it worked out, a lunch with the right editor at the right time, and I have a deal. Even when on life support, a project can be revived.

I guess there are differences among actively being shopped, being shopped when an opportunity presents itself, and not being on the list at all.

Re billing for expenses: My contract with the agency says that expenses will be billed, but out of monies earned by me. In other words, they will be taken out advances and royalties, but I would never be directly billed. I thought this was standard. I also got the impression that almost all submissions from agents to editors these days are by email, and that expenses are nominal compared to the days of xeroxing and snail mail.

Susan B · Mar 16, 2007

e.dashwood said:
In my case, after a year of rejections--about 20--my agent essentially said my work was on the back burner. I was candidly told he was focussing more energy on projects more likely to provide a financial return. However, I was also told that I was still on the list and that my project was mentioned whenever he was talking to an editor who might be appropriate. And in the end it worked out, a lunch with the right editor at the right time, and I have a deal. Even when on life support, a project can be revived.

I guess there are differences among actively being shopped, being shopped when an opportunity presents itself, and not being on the list at all.

QUOTE]

Congratulations! And good to hear that these things can work out, even if it takes some time. (I also have a memoir/narrative nonfiction book being shopped around by an agent.)

Have you shared any more details about your good news--like the subject of your book, projected publication date, publisher, etc?

Susan

victoriastrauss · Mar 16, 2007

e.dashwood said:
In my case, after a year of rejections--about 20--my agent essentially said my work was on the back burner. I was candidly told he was focussing more energy on projects more likely to provide a financial return. However, I was also told that I was still on the list and that my project was mentioned whenever he was talking to an editor who might be appropriate. And in the end it worked out, a lunch with the right editor at the right time, and I have a deal. Even when on life support, a project can be revived.

This is how my first novel got published, years and years ago--even after all major possibilities had been exhausted, my agent continued to mention my ms. whenever she saw an appropriate opportunity. It took about 6 years, but she finally found an interested editor. And she has never fired me, though I've gone through a couple of long hiatuses and am not especially productive even when I am working. I'm grateful. And I know there are still many, many agents like that out there.

Here's the post from Kristin.

- Victoria

Question about Exclusivity with an Agent

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