Sure, there is a way around it. Move to the USA and become a citizen. I'm not kidding- that's the only way I am aware to not be subject to the foreign citizen tax hold back on all USA real estate sales.
This isn't a penalty- it is withholding against any profit you may have made on the sale. Apparently the IRS has realized they don't have much chance of collecting real estate income taxes on foreign citizens, if they don't grab this amount at the time of a sale.
You can file a US federal tax return that demonstrates you didn't net a profit on the sale, and the hold back money will be refunded. Or, you might owe more than the 10%, if you made a good profit.
Disclaimer- I'm not an accountant or a real estate attorney. Seek the services of one within your home country to confirm that my understanding is correct.