Yes, that's why most large deals allow for due diligence before the deal effectively closes

If you’re waiting until after signing a deal to do basic due diligence, especially on supposedly material information that didn’t even exist at the time you made your offer - Twitter reported the 5% figure in May, Elon made his offer in April - it is, 100%, unambiguously, on you.

Has Twitter ever provided that kind of info to anyone?

Why wouldn't they wait until money is already on the table? I just don't see how they would have benefited by disclosing real numbers beforehand.

It's far more likely no one could have done due diligence outside of the executives and top engineers at Twitter.

None of that matters, because Elon can’t claim to be mislead by a figure that didn’t exist when he made his offer. Whatever he expected it to be has nothing to do with twitter saying it is 5% in May.

I dont think its fair to expect Elon, or anyone, to have done due diligence beforehand in a situation when it would have been impossible to collect the relevant info without some shady tactics. Unless you mean his team should have employed shady tactics to gather that info.?

Sure he may be employing this as a stalling tactic, but there’s no obligation for him to treat the Twitter folks with kid glove either. This is what high stakes negotiations are about.