# Leeway re. overdue freelance editor?



## Graylorne (Nov 20, 2014)

I need some advice.

In august I booked a fulltime freelance editor (I'll name no names, but he was a respected pro for many years with several reputable houses).
We agreed he would start on Sept 8, turnaround about a month, half paid in advance.

In the meantime he got himself a job and a baby, went to two book fairs, and I'm still waiting for my edit. It was a 2nd opinion and I said I was in a hurry, as the book is already out.

On Oct 15 I emailed about an ETA and the next day I got a reply, he was 2/3 weeks behind, but 'expected to have something for me early Nov or maybe sooner'. He did mention he'd chuck off part of the second payment for being late.

Nov 10 I emailed again, less patient, that I had said it was a rush job and that it was taking far too long. I got no reply. 

Now I know patience isn't my strongest suit, that in part is why I selfpublish. But 6 weeks over the agreed date is a bit much and I've more or less lost my trust in him.

So what now? Am I too hasty? Should I give him more time, or cancel the job?


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## T.Allen.Smith (Nov 20, 2014)

If it's a contract unfulfilled, I'd ask for my money back & find another editor.


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## Graylorne (Nov 20, 2014)

It's not a written contract, T.A. It is an email exchange. But the agreements are quite clear: start Sep 8, turnaround approx. one month, one half of paid in advance, the rest before delivery. As far as I know these agreements are as binding as a written contract.
Would that count as the same?


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## T.Allen.Smith (Nov 20, 2014)

I'm sure it will depend on your country's laws. If memory serves, you're Dutch...forgive me if I'm wrong.

In California, I would think an emailed agreement would be enough to bind contractually...but I'm no lawyer. 

Contractually binding or not, I'd still demand my money back. Six weeks past due & asking for another 3-4 is unreasonable.


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## Graylorne (Nov 20, 2014)

I'm Dutch, and by our laws is any agreement binding, whether in writing, vocal or by email (except in special cases as for buying a house and such, but then the law specifically states it has to be in writing).

I'll send him an email to terminate the agreement. A pity, but I'm really disappointed in him. Thanks, T.A.


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## Steerpike (Nov 20, 2014)

The general rule of contracts in the U.S. is that you need an offer, acceptance, and consideration to support the contract. It can be oral, in writing (such as via email), etc. So long as you can demonstrate those elements existed you can have a contract.


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## Graylorne (Nov 20, 2014)

That's the same then, as is only logical. Thanks, Steerpike. I just mailed the guy I canceled the agreement.


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## skip.knox (Nov 20, 2014)

He was unprofessional. As such, you might contribute a mention on Preditors and Editors. After all, think of the next guy who will trust him.


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## Graylorne (Nov 21, 2014)

I hesitate to do so, as he really is a pro with a solid reputation, so it can be a combination of circumstances. Baby, new job, too many clients. I'll wait to see how he is going to handle this.
I emailed him yesterday, 14.00 hrs his time, that I canceled the agreement and want my money back before Nov 27. He hasn't answered yet.
For now, it's up to him.


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## Graylorne (Nov 30, 2014)

I just wanted to report the matter has been honorably settled.
I'll not go into details, but we are both satisfied. So all ends well.


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## Caged Maiden (Nov 30, 2014)

I think sometimes these things just happen.  I've been known to do the same as a costumer.  Sometimes I do garments in "trade" to people and I tell them up front they're bottom of my list because they aren't "paying".  I think as long as folks are paying and set a deadline, any professional person who is taking cash for a service ought to say "Hey, I'm running behind, if I give you a discount, would you extend the deadline."  At that point it's up to the client to either grant the extension or not.  I'm glad this was resolved and that you  were understanding of his situation and everyone walked away happy.


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