By Tony Lopez

SAN FRANCISCO (CBS13) – You can count legendary 49ers quarterback Joe Montana among those in San Francisco having a “sinking feeling.”

Montana purchased a unit in the luxury high-rise Millennium Tower – a building that’s now being plagued by cracks, a shifting foundation, and lawsuits.

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The building has sunk at least 16 inches since its completion in 2009.

Joe Montana and his wife filed suit last week, alleging the developers “failed to disclose the building’s troubles” when he agreed to promote the residential tower and purchase a unit on the 41st floor.

The Hall of Famer’s attorneys claim “the interior surfaces of the Montanas’ unit are off-level and the fit and finish of the unit are in disrepair due to the total and differential settlement of the Tower.”

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And because Montana and his wife spent time promoting the building, the couple experienced “serious and considerable emotional distress while residing in the Tower, and an absence of assurance regarding safety thereof, have caused them to fear for their safety while living in their home.”

In the suit, the Montana representatives called the unit “unmarketable and value-less” and claim Joe and his wife were “assured the tower’s foundation was state of the art, well-built, and properly anchored.”

But the man behind the famous “Catch” says the developers dropped the ball.

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The development company has not commented on the lawsuit.