Code of Alabama
Ala. Code § 6-5-102 (2026)
Suppression of Material Facts.
✓ official Alabama Legislature (ALISON) text, current July 2026
Suppression of a material fact which the party is under an obligation to communicate constitutes fraud. The obligation to communicate may arise from the confidential relations of the parties or from the particular circumstances of the case.
(Code 1907, §4299; Code 1923, §8050; Code 1940, T. 7, §109.)
Notes of Decisions
Cited in 195
cases (17 in the last 5 years), 1979–2025 · leading case: State Farm Fire & Cas. Co. v. Owen, 729 So. 2d 834 (Ala. 1999).
State Farm Fire & Cas. Co. v. Owen, 729 So. 2d 834 (Ala. 1999). “The tort of fraudulent suppression is codified at § 6-5-102, Ala.Code 1975: "Suppression of a material fact which the party is under an obligation to communicate constitutes fraud.”
BMW of North Am., Inc. v. Gore, 517 U.S. 559 (1996). “" Ala. Code § 6-5-102 (1993); see Ala. Code § 4299 (1907).”
Foremost Ins. Co. v. Parham, 693 So. 2d 409 (Ala. 1997). “Ala.Code 1975, § 6-5-102; Trio Broadcasters v.”
Bank of Red Bay v. King, 482 So. 2d 274 (Ala. 1985). “A confidential relationship is one in which "`one person occupies toward another such a position of adviser or counselor as reasonably to inspire confidence that he will act in good faith for the other's interests, or when one person has gained the confidence of another and…”
Hines v. Riverside Chevrolet-Olds, Inc., 655 So. 2d 909 (Ala. 1995). “Last, the defendants contend that even if the Court holds that the defendants breached a duty to disclose the fact that the paint finish of the Oldsmobile Calais had been damaged and that General Motors had repainted part of it, the Hineses failed to prove that they breached…”
Aliant Bank v. Four Star Invs., Inc., 244 So. 3d 896 (Ala. 2017). “1993) ; § 6-5-102, Ala. Code 1975. ".... "This Court has stated that whether one has a duty to speak depends upon a fiduciary, or other, relationship of the parties, the value of the particular fact, the relative knowledge of the parties, and other circumstances of the case.”
Lowder Realty, Inc. v. Odom, 495 So. 2d 23 (Ala. 1986). “Code 1975, § 6-5-102. Lowder argues that because of the special circumstances of Lowder and Odom's relationship, Odom was under an obligation to communicate to Lowder the existence of his alleged agreement with Matthews to renew his lease of the premises following the expiration…”
Flying J Fish Farm v. Peoples Bank of Greensboro, 12 So. 3d 1185 (Ala. 2008). “1993); Ala.Code 1975, § 6-5-102.” Jewell v. Seaboard Indus.”
Amsouth Bank, N.A. v. Spigener, 505 So. 2d 1030 (Ala. 1986). “Fraudulent Concealment Ala.Code 1975, § 6-5-102, provides: "Suppression of a material fact which the party is under an obligation to communicate constitutes fraud.”
Gen. Motors Corp. v. Bell, 714 So. 2d 268 (Ala. 1996). “The statutory basis for the dealership's suppression claim is Ala. Code 1990, § 6-5-102, which provides: "Suppression of a material fact which the party is under an obligation to communicate constitutes fraud.”
Palm Harbor Homes, Inc. v. Crawford, 689 So. 2d 3 (Ala. 1997). “Crawford testified that had he known of the damage and shoddy repairs he would not have accepted the mobile home.”
Madison Cnty. v. Evanston Ins. Co., 340 F. Supp. 3d 1232 (N.D. Ala. 2018). “PLAINTIFFS' SUPPRESSION CLAIM SURVIVES SUMMARY JUDGMENT Plaintiffs allege fraudulent suppression against ACH pursuant to Ala. Code § 6-5-102 . Plaintiffs' fraudulent suppression claim avers that ACH sustained a duty to reveal material facts bearing on ACH's representation that…”
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