In most states you have to check the laws, but in most, pups can not go to new homes until 8wks old. I usually let mine go home between 8-9wks depending on pup.
As far as tail, YES the breeder should have docked them. It is supposed to be done between 24hrs and 5days old(depending on vet). Anything after that is major surgery, and should not be done.
You may want to check with the breeder, and if the tails have not been done find out why. Some people are now against it, and don't do it. Back yard and puppy mill breeder typically don't want to put the time or money into having it done. If that is the case I suggest you look more throughly at your breeder. If proper tests and medical things have not been done you may want to move on, and not use this breeder.