Can the dealer opt out ?

If you read many of these threads, you will see I am very frustrated and unhappy about dealers illegally trying to opt out of the CGA, BUT they can legally do this under certain circumstances, IE/
1. A dealer to dealer sale.
2. If the car is to be used for business or commercial use.
3. If the car is suitable for parts only.

Please note: It is not a given and still has to be put in writing on the paperwork.

is there actually a common sense reason why any dealer/retailer selling ANYTHING AT ALL cannot simply state "This item has no warranty cover", and the understanding of this is signed by the buyer on the same piece of paper? !
As someone not in the Auto industry, but a retailer still, why can this not be done ? There are customers that may want the cheapest possible price for something, who would happily forego any future warranty return(and possible timewasting comebacks for the dealer etc etc) yet we cannot do this.

You are correct there is NO commonsense reason why a retailer and buyer can agree to opt out.
In fact the legislation expressly forbids such a process.

Obviously it had to as otherwise every retailer would try to opt out and that would make the CGA totally worthless.

IMHO even saying that a vehicle is suitable for parts has it problems as each part has to be fit for purpose so it could be that an absolute arse could try and make a claim that he bought it for part "x" and when he spent 3 days to get part "x" out it was too worn to be useful.

As INtrade asked do you have to dereg to sell as "parts"?
I would hope not as just because it's bought for parts does not in itself mean that the buyer could not add some more parts to what he has just bought and turn the complete pile of parts into a working vehicle.

I think that is splitting hairs too far.
I see on Trademe dealers advertising 'suitable for parts' on cars that are clearly roadworthy, low Ks, with WOF and REG and are only advertising as such to get out of their legal responsibilities under the CGA. This is not legal. Suitable for parts, must mean just that. It also means that if someone decides to 'fix it up' for road use, then the CGA would not apply.
Re CGA applying for each part, that is not so. Think of how many parts are on a car. If the total sum of all the parts on a car were good, you would have a perfectly good car!
Dealers advertising 'as is where is' also means nothing as the full CGA applies.

"CGA for each part"

Logic says you are correct but until it's tested by the tribunal who knows.
Next question is which tribunal? If its deemed to be parts then it should be the normal DT but if it's deemed to be a car then it will be the MVDT.

Presume that "sold for parts" pile of pieces that looks like a car will have to have all the usual compulsory paperwork so it will end up at the MVDT.

I hope it works out as I think it absolutely stupid that dealers can't legally sell off the tradein stock without having to worry about CGA comebacks from idiots who expect a new Rolls Royce for $500.

A simple amendment to the CGA to exempt anything say over 20 yrs old, over 200,000km and less than $1500 would be all it takes to avoid all the grief.

Many years ago I bought a "parts" car from a LMVD. All it needed was a wiper linkage so it could get a WOF. LMVD couldn't get the part but I had one on my other "parts" car so had the wof within 20mins. Drove it for 5 yrs before selling it and it was still on the road about 5 yrs after that as well.

CGA applies BUT, the CGA allows the seller to make it known what the vehicle is fit for. The seller has made it very clear that this bike has been neglected and is not in good condition. I believe, if tested in court, it would be found legal.