Here's a question most people don't think to ask until it's too late: when the agency finishes building your software, do you actually own it? A surprising number of businesses find out the answer is no — and only discover it when they try to leave.

Why this matters more than it sounds

If you don't own the code, you don't own your software. It means you can't take it to another developer, you can't make changes without going back to the original agency, and if that agency raises prices, goes out of business, or simply stops being responsive, you're stuck. Some agencies design the relationship this way on purpose — keeping you dependent is a business model. The software becomes a leash, not an asset.

Owning your code flips that. It's yours to modify, migrate, hand to another team, or build on top of — forever. You paid to have it built; you should own what you paid for.

The questions to ask before you sign

"Do I own the code and all the assets when the project is done?" The answer should be an unqualified yes, in writing, in the contract. Anything hedged — "you own a license," "you own it as long as you stay on our hosting" — means you don't really own it.

"Where does the code live, and do I have access?" You should have access to the actual codebase, in a repository you control or can be transferred to you. If the agency keeps it somewhere you can't reach, that's a lock-in mechanism.

"If I wanted to move to another developer tomorrow, what would that take?" A confident, client-first agency answers this easily, because they've built things to be handed off. An evasive answer tells you they're counting on you not being able to leave.

"What happens to my software if we stop working together?" The healthy answer is: nothing — it's yours, it keeps running, you're just no longer paying us to work on it. If the answer involves anything breaking or turning off, walk away.

What good looks like

The right relationship is one where you stay because the work is good, not because you're trapped. You should get the keys — the code, the accounts, the ability to run everything yourself — and keep the agency around only for the work you actually want them doing. Ownership isn't a premium feature to negotiate for. It's the baseline, and any agency worth hiring treats it that way.

If a prospective partner gets uncomfortable when you ask who owns the code, you already have your answer.