NOTE: This is the first of a two-part article chronicling the experience of two authors who unwittingly became victims of literary agent scams.
One of the first things writers seeking agency representation should learn is that legitimate agents DO NOT charge author fees. These include agents who charge reading fees simply to read your manuscript; evaluation fees to review your manuscript; agents who require writers to pre-purchase books; or pay some of the publication and/or marketing costs.
There are a host of agent scams preying on authors desperate to see their book in print. One of the absolute best resources on the Internet regarding questionable agent practices can be found on the Science Fiction and Fantasy Writers of America (SFWA) site under the section called “Writer Beware”. SFWA is constantly researching and updating the Writer Beware area to help educate authors to avoid the endless writer-related scams.
However, even writers who do their homework are not immune to unscrupulous agents. These two examples illustrate how even smart authors can get taken.
In the fall of 2003 I heard from an agency offering representation for my novel. The agent provided specific instructions on how the manuscript should be formatted for the best possible presentation. Before I signed anything, I researched the agency which I had found through a reputable author organization. Clearly, I didn’t do enough.
The agency included the six-month contract in their offer of representation, which I thought was odd. But it would get even worse. As I later learned from another author, legitimate agents don’t make representation offers through the mail electronic or otherwise, they call you personally.
The agency then explained they would need approximately 25 copies of the manuscript to send to publishers. I had two options: (a) I could make copies as the agency needed and pay for postage each time, or (b) pay the agency a flat-fee of $250 and let them make the copies. Knowing I should never have to pay an agent money up-front, my gut-reaction was to pass. However two author friends and several family members reminded me I had just paid $125.00 for three copies of the manuscript. This meant my final tally on 25 copies would be much larger than $250. They convinced me to change my mind and pay the fee.
Six months later I received a letter from the agency saying they were unable to find representation for my novel. Attached was a crooked, mimeographed list of the 25 publishers they had supposedly sent the manuscript to. When I contacted the organization where I had obtained the agent’s name, they asked an important question: Had I gotten copies of the rejection letter from every single publisher the agent had contacted? When I said no, the organization explained that’s how legitimate agents work and to ask the agency for those rejection letters. When I did, the agent told me those files had been destroyed at the end of the contract.
How The Scam Works:
Going back to the contract, the agent had already dated the contract for six months which meant I lost several weeks making the requested format changes. My attorney didn’t feel that was unusual, but I had reservations. Second, do the math. Two-hundred fifty dollars times a thousand “clients” is a cool $250,000. Most legitimate agents are inundated with thousands of authors seeking representation every year, so an unscrupulous agent can simply sit back and wait for their “clients” to send that $250 believing they have representation with a legitimate agent. I discovered later that the agency was on a list highlighting the 20 worst literary agents.