In professional services such as those provided by doctors, lawyers, architects, engineers, and dentists, there may be a warranty or guarantee of the quality of the services made or implied by law even when there is no express warranty written or stated. And in some states implied warranties cannot be disclaimed by the service provider.

Laws vary from state to state and some state laws recognize implied warranties in professional services and some do not. In states that do not recognize implied warranties in professional services, claims regarding the quality of professional services are generally analyzed as malpractice claims based on the professional’s alleged negligence in failing to meet the standard of care—generally a reasonably prudent and capable professional for the particular profession under the same or similar circumstances.

Laws regarding implied warranties in the provision of professional services may be located in a state’s court opinions (common law or case law) or in its statutes.

In California, the provision of professional services by doctors, lawyers, architects, engineers, and dentists is generally governed by professional standards of care rather than by implied warranties. While goods are typically subject to implied warranties under the Uniform Commercial Code (UCC), services, especially professional services, do not usually come with the same type of warranties. Instead, the quality of professional services is often assessed through the lens of professional malpractice. A professional may be liable for malpractice if their service fails to meet the standard of care that a reasonably prudent professional in the same field would provide under similar circumstances. This standard is established through expert testimony and is based on the consensus of the profession as to what is considered acceptable practice. California law does not typically recognize an implied warranty of quality for professional services in the same way it does for goods. Claims against professionals for inadequate service are therefore typically pursued as negligence or malpractice claims rather than breach of warranty claims.