What if this happens??

[Christine N.]

Ok, here's the story. I have my next book being looked at by my current publisher (per my contract, right of first refusal and all that). Three months, no word yet, not a biggie. Don't expect to hear from them for at least another month.

Also have partial with an agent (queried another, don't have much hope for that one, though). What happens if my publisher gets back to me before the agent? I've had a great experience with my publisher, but I'm looking at it as a stepping stone, a feather in my cap. I would like to go bigger with my next book (and its sequels). Bigger house, bigger money, etc...

So, if the pub gets back before the agent, do I shoot her an e-mail and ask for a decision, explaining my situation? I would like to know if the ms has, in her opinion, a shot at the bigger houses, or if I should just stay where I'm at. Is that rude, or understandable?


Just trying to plan for all contingencies. Hey, I dream big - I want to believe that everyone wants this book! LOL

[maestrowork]

If you dream big and aim big, then continue your search, even if your publisher offers you a contract. You've fulfilled your "first refusal" per your contract; you don't have to take it.

You're the master of your own destiny. So you have to decide where you want your next ms. to end up? Sometimes you will need to wait and not take the first acceptance. Can you do that and shoot for the star?

Only you can make that decision.

[Greenwolf103]

Wow. :eek: Heavy stuff, Ray.
I've got the whole "right of first refusal" thing a possibility in my future.

[maestrowork]

;)

I don't have that clause in my contract, so I can take my second book anywhere I want... could be a good or bad thing, depending on how I look at it...

[Jamesaritchie]

If the publisher wants the book, get in touch with the agent immediately.

As for right of first refusal, this can be tricky, and can mean different things. It often means you do have to sell them the book if no one else makes a better offer. You can sell it to someone else for more money, but not for the same or less money. In other words if they want it, they get it, unless someone else makes a better offer they can't or won't match.

[Christine N.]

Thank you James :) That's the answer I was looking for. That's a good point about the "for more but not less money". OK, I feel better now.

[Susan Gable]

And the problem with the clause restricting it to more money is that there are times when being offered the same money from another publisher can actually have other benefits - a larger print run, more promo opportunities, etc.

Def. call that agent if you hear from the publisher and they want the book. Good luck!

Susan G.

[zornhau]

What's the exact wording of the relevant clause in the contract?

[Christine N.]

OK, now you're making me dig out my contract. Here's what it says..

1. Publisher shall receive first refusal rights on Author’s next Novel of similar genre. Publisher agrees to make a decision within three (3) months of receipt of Novel. Author is not obligated to send Publisher any works completed prior to this contract, or any works obligated to other publishers and/or agents

Pretty simple, really. Actually they've had it for three months already, I sent it the end of June, it probably arrived before July 4. So just about three months. I'm being generous, since I know they are swamped right now. I'm kind of waiting to see what the agent says before I press the issue.

I'm not in a huge hurry.. my first book doesn't even come out until next month, and I'm super busy getting ready for that, plus writing the next book, blah, blah, blah...