Regarding the criminal case the prosecution has the burden to prove that the accused had intension to cheat and take money from the purchaser without giving any considteration or knowing that it was not possible to provide him the agreed consideration. Its not an easy work for the prosecution cause they must persuade the court above any reasonal doubt. About the civil cases the one who persuades more the court about the real of his allegation is the winner. So if the developer prove that the termination was valid and caused by breach of the contract due to the purcasers behavior the developer could resale for sure the property.. Its very crucial on such cases wether the purchaser has taken posetion (delivered) of the property or not.
The most problems to such cases arise when the purchaser avoid to pay a lawyer for advices and show blind trust to the developers lawyer/or contract offered. Some issues which has to do with the protection of the purchaser are not included on the contracts offered by the developers.