Nearly two decades after arriving in South Florida with a law degree from Argentina, Maria Marta Calderon, Esq., has built a practice advising prominent developers and family offices on cross-border real estate investment. In an exclusive interview, Calderon, who graduated with highest honors from the University of Miami (UM) School of Law and worked at firms on the Am Law 200 list, outlined critical legal considerations for Latin American buyers.
According to Calderon, the most severe mistake foreign investors make is assuming U.S. real estate rules mirror those in their home countries. “They often rely solely on what a friend, a real estate agent, or a title company tells them—none of whom are specialized attorneys in U.S. foreign investment,” she said. This can lead to tax exposure, estate tax complications, and issues with FIRPTA. Calderon emphasized that the key is not just buying a property but structuring the purchase correctly to build generational wealth rather than incur liabilities.
Purchasing real estate under a personal name as a foreign national is generally inadvisable, Calderon warned. It can trigger federal estate tax for non-resident aliens and force families into ancillary probate in both the U.S. and their home country. Proper corporate or fiduciary structures, she noted, can limit liability, safeguard assets, and facilitate succession. “A well-designed corporate or fiduciary structure can limit liability, safeguard assets, facilitate family succession, and create long-term tax efficiencies,” she said.
Calderon, who also served as a Director of the Argentine-American Chamber of Commerce of Florida, highlighted the growing opportunities in mixed-use developments, logistics centers, multifamily housing, data centers, and tech-driven projects. However, these require complex due diligence, from reviewing lease agreements and zoning codes to assessing power grid infrastructure for data centers. “Litigation in the United States is extraordinarily expensive, and our job is to help the client make money—by negotiating favorable clauses, mitigating risks, and providing the vital information needed to make intelligent choices,” she stated.
Drawing on her experience as a licensed attorney in Argentina, a civil law jurisdiction, and her practice in the U.S. common law system, Calderon acts as a bridge for clients. “Not only are the laws completely different, but the entire way of thinking about business, interpreting risk, and negotiating also changes,” she explained. This specialized guidance helps entrepreneurs capitalize on the legal certainty and stability the U.S. system offers.
Calderon’s golden advice for investors: surround yourself with excellent advisors and never sign under pressure. “U.S. jurisprudence is crystal clear: judges do not write contracts; the parties do,” she said. For foreign investors, the law considers them sophisticated, meaning they are expected to understand what they sign. Poorly structured contracts can lead to massive losses or costly litigation. Calderon’s firm, Calderon Law Firm, focuses on building long-term client relationships based on trust and transparency.
