Does selling a stock that you've owned for awhile (weeks or months or whatever) then buying it back that day at a lower price, count aginst your 3 'day trades' in a 5 day period? If so…well…then that blows….
The situation you describe is not "day trading."
According to the NYSE definition of "day trading" the sale of an existing position from the previous day is a liquidation. The repurchase of that position is the establishment of a new position. It is not subject to day trading margin requirements.
If you are using a cash account, settlement rules would still apply.
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