In a rising market no one worries about the little things. In a falling market, everyone will be looking for someone to blame besides themselves. Every market downturn has been accompanied by the disapearance of the small/discount players in RE because there business models dont work when it gets tougher. We know what the real margins are in RE and it aint nearly as pretty as what the general public thinks.
As for the legal defense you are correct. I have a family to support and a fairly significant net worth to protect. It’s not a risk i’m willing to assume. You must be less risk averse than me.