Q: This amendment/ addendum purchase agreement shall expire 10/1/2023 unless it’s accepted in writing to both parties.

A: The clause in your amendment/addendum to the purchase agreement, stating it shall expire by a certain date unless accepted in writing by both parties, typically means that the terms of the amendment/addendum are no longer valid after that date unless both parties have agreed in writing to extend the terms. This is a common practice in real estate transactions to ensure that both parties are committed to proceeding under clearly defined terms within a specific timeframe.

If the agreement was indeed extended due to the seller's failure to provide all necessary financial documents, and this extension was agreed upon in writing by both parties, then the agreement remains in effect under the terms of that extension. The key factor here is whether the extension was properly documented and agreed upon by both parties. Without a written agreement to extend the original or amended expiration date, the original terms stating the expiration would typically prevail.

If the seller is now suing despite the extension, it's important to review the written communication and any agreements made regarding the extension. The specifics of these communications and agreements will play a critical role in determining the validity of the extension and any obligations or rights under the purchase agreement. It may be advisable to consult with a legal professional to assess the situation and determine the best course of action based on the documentation and the specific circumstances of your case.