Nearly twenty years ago, Argentine attorney Maria Marta Calderon arrived in South Florida with a suitcase full of dreams and a singular goal: to practice law in the United States. Her admission to the University of Miami (UM) School of Law marked a turning point. Graduating with highest honors, she later worked at top firms on the Am Law 200 list and served as a Director of the Argentine-American Chamber of Commerce of Florida. Today, as founder of Calderon Law Firm, she advises prominent developers and Family Offices on cross-border asset protection.
In an exclusive interview, Calderon highlighted the most common and severe legal mistake Latin American entrepreneurs make: assuming U.S. real estate transactions 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. The real importance lies in how a purchase is structured. A poor decision can trigger legal liabilities, tax exposure, exorbitant estate taxes, or complications with FIRPTA. “We do not view a real estate purchase as a mere transaction, but rather as an asset protection strategy and comprehensive legal planning.”
Calderon warned against buying property in one’s personal name. Doing so can trigger the federal estate tax for non-resident aliens, force ancillary probate in the U.S., and create direct personal exposure to lawsuits. “A well-designed corporate or fiduciary structure can limit liability, safeguard assets, facilitate family succession, and create long-term tax efficiencies,” she explained. In estate planning, the key is not just buying the property but structuring it correctly from day one.
When advising Family Offices and high-net-worth investors, Calderon sees opportunities in mixed-use developments, logistics centers, multifamily housing, flexible office spaces, data centers, and tech-driven projects. Commercial transactions require complex due diligence: analyzing lease agreements, occupancy rates, insurance policies, zoning codes, environmental impact, and technological liabilities. “In this market, having ironclad contracts and appropriate legal structures is not a luxury; it is an absolute necessity,” she said.
Calderon, a licensed attorney in Argentina, emphasized the cultural and legal contrast between Latin America’s Civil Law tradition and the U.S. Common Law system. “Not only are the laws completely different, but the entire way of thinking about business, interpreting risk, and negotiating also changes.” Her firm acts as a bridge, helping clients capitalize on the legal certainty and stability the American system offers.
Her golden advice for investors hesitant about taking the first step: “Surround yourself with excellent advisors, and never sign anything out of pressure, haste, or without understanding it 100%.” Contracts in the U.S. are powerful, and the law considers foreign investors sophisticated. “All too often, clients walk into my office after having signed contracts plagued with major issues. Unfortunately, in many cases, by then it is already too late.”
