True enough. But it raises another point:

Michael was confident that Moe would go for his deal. He tells Fredo that "Moe Green will sell us his interest in the hotel," and when Fredo questions it, Michael says, "I'll make him an offer he can't refuse." Shades of Vito! Except Michael wasn't Vito at that point, and Moe did refuse. So, Fredo and Tom were right.

Though Tom had been removed as consigliere at that point, he was still acting as Michael's lawyer, and could have anticipated Moe's reaction. Good characterization of a competent lawyer: realistic assessment of the situation despite the client's (Michael's) unrealistic optimism.