it is incumbent upon the seller to prove the absence of defects in the property, and not upon the buyer to prove their existence.

If, in a preliminary contract for the sale of real estate, the prospective buyer asserts the existence of defects in the property (such as mold, cracks, and moisture) as the basis for his action for rescission of the contract and as justification for his refusal to conclude the final contract in accordance with Ar.,1460 cc that occurred after the preliminary contract was concluded and before the deadline for the final contract expired and that render the property unfit for the agreed use, the burden of proof lies with the promissory seller, who must prove that the alleged defects do not exist or that he has duly fulfilled his obligation to hand over the property in a usable condition.

In practice, sellers must document the condition of the property before signing and keep evidence (photos, expert opinions) to avoid disputes.

The buyer, on the other hand, is better protected: in the case of hidden defects, they no longer must prove their origin but can invoke non-performance by the seller.