# Exclusivity Agreement



## irvin (Feb 23, 2011)

So I joined just to get some perspective on this.

I recently had an agent request a 5 week exclusivity agreement, without having ever seen a partial. If I was to accept, is it technically unethical to continue talking to the current agents considering my work, or just unethical for me to pursue new ones?

And how often do writers just agree to exclusivity agreements and then break them? They seem really disadvantageous


----------



## Once_more (Feb 24, 2011)

Exclusivity agreement - Legal English Dictionary

EXCLUSIVITY AGREEMENT: an agreement under which the seller has agreed with the prospective purchaser not to negotiate with any other potential buyers for a specified period
_The seller was prevented, under the exclusivity agreement, from actively seeking other prospective buyers for a specified period._

I included the definition above.  If you sign a contract you are legally bound by it to NOT talk to other agents.  Its more than unethical you are opening yourself to legal action which could be costly to you financially and also as a potential writer since other agents will see the actions in a negative light.  I don't know for certain but I would be concerned in this position about being blacklisted. 

Has the agent offered you something that makes you think that they will buy your book?  What exactly did you send them to create such interest?  Also has he offered you any sort of a good faith payment.  Check with other people on this forum and do some research to see what the standard operating procedure is for these sorts of things.  When buying a house you are usually required to put down a certain amount money that is considered "good faith" money that you are seriously considering buying the house and even then they will only agree to hold it for a few days.

I might be concerned but then I don't have all the information either.


----------



## Ilasir Maroa (Feb 24, 2011)

I find this very odd.  When you say they requested exclusivity, do you mean tthey requested the full manuscript along with this agreement?  Have they said why they need this five week agreement?

In general, exclusives to agents aren't worth it.  They waste your time, especially if the agent decides not to offer.

The longest I would suggest giving an exclusive--if you choose to do so, which I would warn you against--is a month.  However, if you absolutely must give an exclusive, then 2 business weeks is better.

If your work is already out to other agents, my advice would be to tell this agent you'd be happy to send the material, but that it's with other agents in various forms.

To be honest, most agents give an editor 48 hours for an exclusive.  These are folks who will pay cold hard cash if this project is picked up.  Why would you as an author give someone who will pay you exactly nothing a better deal?  If this book is such hot property, you'll have plenty of other agents wanting to look at it and possibly take you on as a client.


----------

