Public knowledge != authoritative, due-diligence-level public statement

But he did know it was a problem [1], so it's at least a bit shifty that now he pretends he suddenly says that it is a deal breaker. I suppose a court would have to decide if he has a right to back out or not without repercussions.

[1] https://twitter.com/elonmusk/status/1517215066550116354