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It would depend on your agreement with the developer.
Running a software development company myself we always state in the contract the details about resale/reuse of the application/code for either party.
If the client wants the outright source code for the application they will pay more than a customer whom only wants the application.
Most clients do not care about source as they would not know what to do with it anyways and they want to save money so when we write an application we retain all source and only provide a license for the client to use the software.
If I paid someone to write an application I did not want anyone else to have then I would pay for the source as well. I would include strict wording as to the use of the code since once a developer writes code they can always rewrite it.
It is very hard to prove that one application does not include code from another application.
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