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 New Mexico (NM), the concept of implied warranties in professional services is not as clearly defined as it is for goods. Generally, professional services provided by doctors, lawyers, architects, engineers, and dentists are subject to a standard of care rather than a warranty of quality. If a professional fails to meet the standard of care, which is determined by what a reasonably prudent professional in the same field would do under similar circumstances, they may be liable for malpractice. New Mexico does not have specific statutes that address implied warranties in professional services, but malpractice claims are typically governed by case law. It is important to note that while goods can have implied warranties under the Uniform Commercial Code (UCC), which New Mexico has adopted, services are generally not covered by the UCC. Therefore, claims regarding the quality of professional services are analyzed under malpractice law rather than warranty law.