Real Estate Lawyer for Foreign Investors in Florida
What Every International Buyer Needs to Know Before Investing in the South Florida
Florida’s real estate market has always been a magnet for international investors — especially those seeking luxury properties, tax benefits, and stable U.S. asset holdings. From waterfront condos in Miami Beach to vacation estates in Palm Beach, foreign buyers are drawn to the lifestyle and long-term value.
But investing in U.S. real estate as a non-citizen isn’t as simple as wiring funds and signing a contract. It involves layers of regulation, taxation, and legal considerations that must be navigated with sound expert legal guidance.
That’s where a Florida real estate attorney — experienced in representing foreign investors — becomes absolutely essential.
Why Foreign Investors Need a Florida Real Estate Attorney
Unlike U.S. citizens, foreign buyers face unique challenges when purchasing property in Florida:
- Ownership restrictions and disclosure requirements under federal and state law
- FIRPTA tax withholding (Foreign Investment in Real Property Tax Act) on property sales
- Estate tax exposure if the property is held individually rather than through a trust or entity
- Financing complications when borrowing through U.S. institutions
- Additional due diligence on condo associations, HOA rules, and local ordinances
As an experienced real estate attorney, attorney Jacqueline A. Salcies will walk you through every stage of the transaction, ensuring your investment is protected and compliant with all applicable laws.
Understanding FIRPTA and Withholding Requirements
Under the Foreign Investment in Real Property Tax Act (FIRPTA), when a foreign person sells U.S. real estate, 15% of the sales price is typically withheld and remitted to the IRS — unless exemptions apply. A knowledgeable attorney can help you:
- Determine your withholding obligations
- Apply for reduced or exempt status through IRS Form 8288-B
- Coordinate with your CPA for proper reporting
Failing to comply with FIRPTA can result in delayed closings, tax penalties, and disputes.
As both an Accountant and a Real Estate lawyer, real estate attorney Jacqueline Salcines and her team of accountants and tax strategists are here to help.
Choosing the Right Ownership Structure
Many foreign investors choose to purchase through:
- LLCs to limit liability and increase flexibility
- Florida Land Trusts to preserve privacy
- Foreign or U.S. Corporations for tax strategy
- Revocable or Irrevocable Trusts for estate planning
Each structure has pros and cons — and can dramatically affect your tax exposure, inheritance planning, and property rights. An attorney will coordinate with your accountant or international tax advisor to select the optimal setup.
Legal Due Diligence: More Than a Title Search
Luxury and pre-construction properties often involve:
- Developer contracts with aggressive timelines and penalties
- Condo association rules that may limit rentals or require personal interviews
- Hidden liens, special assessments, and zoning issues
Attorney Jacqueline Salcines will review all documents, flag red flags, and negotiate terms to protect your position.
What We Do at Salcines Law
As a trusted legal partner for foreign buyers across Europe, South America, and Canada, we offer:
- Full contract review and negotiation
- Entity formation and privacy planning
- Title and lien searches
- FIRPTA compliance and tax coordination
- Concierge-level legal service — bilingual and confidential
At Salcines Law we are a full service real estate law firm and work with our in house team of accountants, CPA’s and our knowledgeable paralegals and associate to ensure your closing is seamless and secure.
Florida Law: What Foreign Investors Should Know
- Property ownership is allowed for foreign nationals with few restrictions
- Florida law protects buyers, but does not require attorney involvement — which is exactly why you should retain one
- Read the Florida Bar’s Consumer Guide to Real Estate Closings here
- Understand Florida’s Landlord-Tenant Law if you plan to rent out your investment (Florida Statutes Chapter 83)
Final Word
Buying U.S. real estate as a foreign investor can be lucrative — but only if you protect yourself from legal missteps. At Jacqueline A. Salcines, PA, real estate attorney Jacqueline Salcines handles these transactions daily. We understand the stakes, the scrutiny, and the level of service our international clients demand.
Ready to invest with confidence?
Let us be your legal advocate in Florida.
Contact Salcines Law today for a confidential consultation.